Accidents involving pedestrians are unfortunately common in the UK, with many of these leading to successful pedestrian accident claims being made.
When it comes to road traffic accidents, pedestrians are often the most vulnerable. They don’t have the benefit of safety features that other road users have, such as seatbelts for car drivers or helmets for motorbikes and cyclists.
As a result, the injuries suffered by pedestrians involved in road accidents can be life-changing.
In 2020 there were 346 pedestrians killed on UK roads. This number is down from an average of 430 pedestrian deaths per year between 2012 and 2020, which is likely a result of lockdowns and other Covid related restrictions that reduced road use during this period.
If you have been injured in a pedestrian accident within the last three years and somebody else was at fault, you should be entitled to claim compensation. To find out if you have a valid claim, call free on 0800 678 1410 to speak to a friendly legal adviser. Or request a call back using our online claim form.
Within minutes, you can find out if you can make a pedestrian accident claim on a no win no fee basis. This means there are no upfront fees, and you will only pay your solicitor if they successfully win your claim (up to a maximum of 25% of the compensation awarded).
For further information about accidents involving pedestrians and the process of claiming personal injury compensation, continue reading our comprehensive guide below.
What is a pedestrian accident?
When we think of pedestrian accidents, most people will naturally think of a person being hit by a vehicle when crossing the road. While this is one of the most common accidents involving pedestrians, it is not the only type.
As well as being hit by a car, pedestrians can also be injured due to poor road maintenance, obstructions on pavements or by being struck by a falling object.
Providing somebody else was to blame for the accident, and you have suffered some form of injury, an injury lawyer can help you make a pedestrian accident claim.
Although this won’t take away the pain and stress that your accident has inevitably caused, claiming compensation can help to ease the financial burden and give you some justice for your accident.
If you would like to find out if you can make a claim or you would just like some further information, call free on 0800 678 1410 or request a call back. By speaking to a legally trained adviser, you can find out within a matter of minutes if you can pursue a pedestrian accident claim.
Can I make a pedestrian accident claim?
To be able to make a pedestrian accident claim, three basic criteria will need to be met:
1) The accident was caused by the negligence of somebody else.
To make a claim as a pedestrian, the first question you need to consider is if somebody else was at fault for the accident. Depending on the circumstances of your accident, this could be the driver of a vehicle, a cyclist or a local authority that has failed to maintain the roads or pavements properly.
If your accident was caused by you not paying attention when crossing the road, you wouldn’t have anybody else to blame. You can’t expect to claim compensation against a driver if it was yourself that caused the accident.
However, if the driver or other third party was at fault (or at least partly to blame), you should be able to make a claim to recover damages for your injury and financial losses.
2) You suffered an injury as a result of the accident.
The type of injuries sustained by pedestrians involved in an accident can range from cuts and bruises to broken bones, head injuries and other catastrophic injuries. In addition to the physical injuries, it is common for people to also sustain psychological trauma following these types of accidents.
It may sound obvious, but you must have suffered some type of injury if you want to make a personal injury claim. If you were hit by a car at a crossing but were lucky to escape without any injury, you would not be able to make a claim against the driver.
Equally, if you tripped on a pavement due to poor maintenance and suffered only a minor bruise to your knee that cleared up within a couple of days, it’s very unlikely to be worth pursuing. If you did want to claim in these circumstances, you would most likely need to do this without the help of an injury lawyer.
3) The accident happened within the last three years.
When you are involved in an accident as an adult, you have three years from the date of the accident to start your claim for compensation. Once the three year time limit has passed, you would no longer be entitled to make a claim.
If the pedestrian accident involves a child, a parent or guardian can make the claim on their behalf. But if this doesn’t happen, once the child becomes an adult on their 18th birthday, they will have three years from this date to make their injury claim.
In most cases, we would advise people to start a personal injury claim as soon as possible. Firstly this will ensure that the time limit is not missed. But secondly, making a claim sooner following an accident will usually make the process of gathering evidence to support your claim much easier. The accident is fresher in the memories of any witnesses, it is easier to collect photographic evidence and so on.
If you satisfy each of the above three criteria, you should have a valid claim for injury compensation. However, don’t worry if you are unsure. The best way to find out if you can claim on behalf of yourself or your child is to speak to a trained legal adviser.
For a free consultation with a legal adviser, call 0800 678 1410. By asking you a few questions about your accident and injuries, they will be able to let you know if you have a valid claim.
This service is completely free and provided without any obligation to proceed or hard sell. If you have a valid claim and would like to move forward, the legal adviser will put you in contact with an experienced injury lawyer to pursue the matter further.
What should you do if you are involved in a pedestrian accident?
If you are involved in a pedestrian accident, there are a number of steps you should take. Some of these should ideally be taken immediately after the accident occurs or at the earliest opportunity. However, what steps you can take and when will, of course, depend on the nature of the accident and the extent of your injuries.
If you’re the person that has been involved in a road accident as a pedestrian, you will likely be injured, upset and in shock. So if you are with a friend or family member when the accident occurs, it may be that they will be able to help you in taking some of these steps.
- The first thing you need to consider is your safety. After being involved in an accident, the last thing you want is to be in more danger or risk of further injury. So if possible, you should try to move out of the road and onto the pavement or grass verge.
- You should ensure that the police are called to report the accident, no matter what injuries you have suffered. You may also need an ambulance to provide immediate medical treatment for your injuries. In both cases, a written record will then be made of your accident, which can be used later to help support your compensation claim.
- Make a note of the name, address and insurance details of the driver involved in the collision. If there were multiple vehicles involved, you should take down the details of each person. You should also record the vehicle number plates and details such as the make, model and colour.
- If there were any witnesses at the scene of your accident or the immediate aftermath, such as other pedestrians or drivers, you should ask them if you can make a note of their name and telephone number.
- You should take photographs of any damage caused to yourself or the vehicle during your accident and write down details about how it happened. For example, you should write down what street you were on, the time of day, weather conditions and any other information that may be relevant to what caused your accident.
- Whether your accident was attended by an ambulance or not, you should also seek medical attention as soon as possible after your accident. You may not feel injured immediately after a pedestrian accident, but it’s very important that you see a doctor. This is because even if there are no immediate problems, you might have sustained an injury that can develop hours or days down the line. If this happens, you would still be entitled to compensation for your injury.
- Once you are ready to do so, seek legal advice from an experienced personal injury solicitor. This will ensure you receive the correct advice and can make an informed decision on how you would like to proceed.
Although the above information can significantly improve your chances of making a successful pedestrian accident claim, don’t worry if you cannot gather this evidence.
Even if nobody witnessed the accident and you couldn’t take any notes, it doesn’t mean your accident claim won’t succeed. You might still be entitled to damages through an accident claim, depending on the circumstances of your case.
So it is worth speaking to a trained legal adviser to discuss your accident and find out if you can take your claim further.
What are the most common causes of pedestrian accidents?
There are many different potential causes of pedestrian accidents. What causes the accident will often go hand in hand with who is at fault.
In some cases, it will be the driver of a vehicle. In others, it may be a local authority to blame for failing to maintain the roads. Sometimes it will be the pedestrian themselves that is at fault for the accident.
There will also be times when the pedestrian and the car driver or other third party will each be partly at fault for the accident. This situation is known as contributory negligence, which we will discuss further in the common questions section below.
Here are some common examples of pedestrian accidents where the driver of a vehicle such as a car, lorry, bus, motorbike, scooter or bicycle may be to blame:
- Driving too fast – this is one of the leading causes of road traffic accidents involving both pedestrians and other vehicles. When drivers exceed the speed limit or don’t take into account the weather conditions, they can fail to react in time and cause accidents with pedestrians and other road users.
- Failing to stop at traffic lights or pedestrian crossings – if a pedestrian has the right of way, such as at a pedestrian crossing, and a vehicle fails to stop, the driver of the vehicle will be at fault. Unfortunately, this is more common than you would like to think. Driving through a red light can be caused by not paying attention, speeding or being distracted by passengers or using a mobile phone.
- Bad weather – when driving in bad weather conditions such as heavy rain, fog, ice or snow, drivers should take extra care to ensure they are aware of their surroundings. If they don’t, they can easily put themselves and pedestrians at risk of harm by failing to stop at traffic lights or not seeing a pedestrian crossing in time.
- Distraction – being distracted and not paying attention while driving is one of the biggest causes of road accidents. This can include using a mobile phone while driving, eating, drinking and chatting or arguing with passengers.
- Driving while intoxicated – If a pedestrian accident has been caused because the driver of a vehicle was drinking or under the influence of drugs, they can be held accountable for any injuries or damage caused. They will also be committing a criminal offence that can result in points being added to their license, a fine and even a prison sentence in extreme circumstances.
Now that we have discussed some of the common causes of pedestrian accidents where vehicle drivers may be at fault, let’s look at some examples of where a pedestrian may be to blame.
- Not looking properly – before stepping out onto any road, you must look all around you and check for oncoming traffic. Also, make sure nobody is driving too close or at speed before attempting to cross the street. If a pedestrian stepped out into a road without looking and was hit by a car or other type of vehicle, it is unlikely they would be able to pass the blame on to the driver.
- Crossing the road when masked by a parked or stationary vehicle – a common cause of road accidents involving pedestrians is when people step out into a street from behind a parked or stationary vehicle. In these circumstances, a driver may not see the person on the road soon enough to be able to brake or take preventative action. Children are particularly at risk of this type of accident.
- Failing to use pedestrian crossings – wherever possible, pedestrians are advised to cross the road when they have a crossing or pedestrian lights indicating that it is safe to cross. Although not using a pedestrian crossing does not automatically make the pedestrian at fault for an accident, not using one when available is more likely to cause an accident.
- Pedestrians wearing dark clothing at night – when walking along or crossing roads at night, it is a good idea to wear some reflective clothing. If you wear dark clothing at night, it can make it much more difficult for drivers to see you. This is especially important in rural areas where pedestrians may need to walk along the road because there is no pavement or footpath.
- Not paying attention or acting carelessly – as with car drivers and other road users, pedestrians have a duty to act responsibly when using roads. If you stumble into oncoming traffic while drunk or jog across a street without looking while listening to loud music, you won’t really be able to blame anybody else.
As you can see from the lists above, there are various causes of pedestrian accidents in the UK. Some will be the driver’s fault, some will be the fault of the pedestrian, and some will be a mixture of both.
However the accident occurred, if you have been injured as a pedestrian and believe that another person or company was at least partly at fault, call 0800 678 1410 today for a free consultation. Alternatively, please enter your details into our online claim form, and a trained legal adviser will call you back to discuss your accident.
How much compensation can I claim for a pedestrian accident?
Pedestrian accident claim payouts are calculated by considering how badly injured you have been after an accident and the impact it has had on your life. Some accidents may have a short term impact on your day to day lifestyle and ability to work. Others may result in life-changing injuries that completely turn your life upside down.
However significant your injuries are, personal injury compensation aims to compensate you for the pain and suffering you experience due to somebody else’s negligence. This is known as general damages, which is compensation based on the type and severity of the injury you sustained.
General damages cover both physical and psychological injuries. As you would expect, the more significant and longer-lasting the injury is, the higher the compensation amount will be.
If you were hit by a car while crossing the road and suffered a severe head injury, you would most likely receive more compensation than if you had suffered a minor foot injury, for example.
How much compensation you receive will also be based on the financial impact of the accident. This is known as special damages (also referred to as out-of-pocket expenses) and can include compensation for the following:
- Loss of earnings – whether you have had to take a couple of days off work or have been unable to work for several months, this can be included in your claim if it resulted in a loss of earnings.
- Future loss of earnings – if your injury or illness is ongoing and you cannot work, your loss of future wages will also be calculated.
- Medical expenses – if you have had to pay out for any medical treatment, prescription costs or other healthcare needs, you will be entitled to claim compensation to recover these costs.
- Travel costs – this would include the cost of taxis, public transport or other travel costs that are needed as a direct result of the accident. For example, you may need a taxi to transport you to and from hospital appointments.
- Care costs – if a family member or friend has had to take time out to help look after you and provide the care you need, the level of damages you receive should take this into account.
When it comes to compensation, how much you receive will come down to negotiations between your injury lawyer and the solicitor representing the party at fault for the accident. This is why having an experienced personal injury lawyer on your side can make a huge difference.
Solicitors on both sides will use figures listed in the Judicial College Guidelines as the basis for their negotiations. These figures provide guidance on the amount of compensation that should be awarded for different types and severity of injuries.
Below are some examples of how much compensation you could claim for a pedestrian accident. Keep in mind that these figures are only guidelines and do not take into account special damages (loss of earnings, etc.) as mentioned above.
- Up to £344,640 for a very severe brain damage injury
- Between £1,880 to £10,890 for a minor brain or head injury
- Between £2,090 to £10,670 for a back injury with a full recovery within 5 years
- Up to £6,680 for a minor neck injury
- Between £56,100 to £111,690 for a serious neck injury where there is a fracture or damage to the discs
- £13,360 to £27,320 for an elbow injury that results in some long term issues
- Up to £10,100 for a fractured leg (tibia or fibula) or a soft tissue injury
- £5,630 to £16,380 for a fractured forearm
If you want to know more about making a pedestrian accident claim and the amount of compensation you could be entitled to, speak to an experienced injury lawyer. To get started, call 0800 678 1410 or request a call back using our online claim form.
Can my claim be made on a no win no fee basis?
When it comes to making a personal injury claim, one of the main concerns people have is how much it will cost them. The good news is that you can make your claim on a no win no fee basis, which means there are no upfront fees whatsoever.
This is true whether you’ve been involved in an accident at work, a road traffic accident, or you’ve been injured in a pedestrian accident. But what does the term no win no fee actually mean?
The term no win no fee means that the personal injury solicitor you work with does not get paid if they do not win your case. They will receive payment from your compensation only if your claim is successful, which is capped at a maximum of 25% of the compensation amount.
This enables you to make a personal injury claim without having to worry about any financial risk, which is the last thing you will want when you have just been injured in an accident that wasn’t your fault.
If you would like further information about no win no fee, including how it works and the benefits it provides, take a look at our guide to no win no fee claims.
Are there time limits for making an injury claim?
Yes, there are time limits for making a personal injury claim, including those for pedestrian accidents.
In general, if you are an adult that has been injured, you will have a time limit of three years from the date of the accident to start your claim. You only need to have started your claim within this time limit, which is known as “issuing proceedings”.
If you leave it too late and the three year limit has passed, your claim would be classed as time-barred, which unfortunately means you would no longer be entitled to compensation.
In theory, the court does have the discretion to extend the three year time limit. However, an extension would only be given in rare circumstances where a very good reason can be provided for why the claim was not made in time.
There are a few exceptions to the three year time limit, which includes the following:
- Compensation claims involving children – if a child is injured in a pedestrian accident, a parent or guardian can make an injury claim on their behalf at any point before their 18th birthday. Alternatively, once the child turns 18 years old and becomes an adult, they can claim themselves and have until their 21st birthday to do so.
- People lacking mental capacity – if the injured person does not have the mental capacity to claim compensation on their own, there are no time limits to make a claim. A person could lack mental capacity due to a pre-existing condition or due to the pedestrian accident itself. For example, a pedestrian run over by a car could end up in a coma with a severe head injury. This could take months or years to recover from or even leave the person with permanent injuries that affect their mental capacity.
- Pedestrian accidents abroad – if your pedestrian accident happened outside of the UK, the time limits that apply will depend on which country you were in. Whether you were on holiday or working abroad, each country will have their own laws and rules regarding personal injury claims.
Whatever the circumstances may be, it is always advisable to get in touch with a trained legal adviser as soon as possible following an accident. This will ensure you receive the correct information and advice to help support your claim and get the compensation you deserve.
Pedestrian accidents while at work
Many job roles involve walking to some degree or other. Postal workers are an obvious example of this, as they will spend multiple hours each day as a pedestrian while delivering mail to homes and businesses.
Other examples could include salespeople walking to and from meetings, traffic wardens, police officers and people working on road maintenance projects.
Whenever you are at work, your employer will have a duty of care to provide you with a safe working environment. If they fail to do this, and it results in you being injured in a pedestrian accident, you could potentially make an accident at work claim against your employer.
In these situations, your injury solicitor will advise you on the best course of action to take. They will assess all of the circumstances surrounding your accident and subsequent injury to determine how you should proceed.
Pedestrian accidents in car parks
It is not only roads and streets where pedestrian accidents can occur. Hundreds of people are injured every year in car parks. This includes tripping on potholes and being hit by a car or other vehicle.
Just like when driving on roads, car drivers owe a duty of care to pedestrians and other road users when driving in car parks.
If a driver reversing out of a car parking space doesn’t look and knocks somebody over, they could be held liable for any injuries that are caused.
The same rules apply whether the accident happens in a supermarket car park, a hospital car park or a council-run pay and display car park. If a vehicle driver is at fault for causing an injury to a pedestrian, they would be liable to pay compensation for any damages caused.
Pedestrian accident statistics
In 2019, government statistics report that 25,945 people suffered serious injuries in road traffic accidents on UK roads. A further 1,752 people were killed in road accidents within the same period.
In total, there were 153,158 reported casualties in road traffic accidents in 2019, which includes all severities of injury. Although this is a huge number, it showed a 5% decrease compared to 2018 and is the lowest number of reported casualties since 1979.
21,770 pedestrians were injured in 2019, which represents roughly 14% of all road accident injuries. Of this amount, over 6,600 were classed as seriously injured, and 470 pedestrians sustained fatal injuries.
Although children and young people were involved in almost a third of all pedestrian accidents, fatality rates are highest for people who are 75 years and over.
Common Questions about Pedestrian Accidents
Hopefully, we have covered all of the key information you would need about claiming for a pedestrian accident in the above section.
However, we understand that you may have other questions or concerns about your legal rights, the claims process and other aspects of pedestrian accidents. So in the section below, we have answered some of the common questions we receive about pedestrians and personal injury.
If you or a child has been injured in an accident and you have a question that is not covered in this guide, please call 0800 678 1410 to speak to a legal adviser. Or request a call back by entering your details into our online claim form.
Can I claim for a pedestrian accident involving a child?
Having a child involved in any type of accident can be a challenging and traumatising experience. This can be even worse when they are involved in a pedestrian accident, as the injuries suffered by children can be very severe and long-lasting.
If you are the parent of a child involved in a pedestrian accident that resulted in an injury, you are entitled to make a compensation claim on their behalf. We understand how difficult the situation may be, so we aim to make the process as stress-free and straightforward as possible.
By making a claim on behalf of your child, you can help to ensure they receive the compensation they deserve. This can help contribute towards any ongoing medical help or support they may need to aid their recovery.
Following the accident, it is likely that you may have needed to take some time off work to help look after and care for your child. Or perhaps you have had to drive or pay for taxis to take you and your child to medical appointments. In most cases, these costs can also be claimed for, as these are financial impacts directly resulting from the accident.
Can I make a claim if I was partly at fault?
Yes, you may still be able to make a personal injury claim if you were partly at fault for the accident. This is known as contributory negligence.
In these situations where both the pedestrian and car driver are partly at fault, the amount of compensation you are entitled to will be adjusted. The legal teams for both parties will negotiate the amount of compensation that should be awarded based on the amount of blame attributed to each party.
For example, suppose it is determined that both the pedestrian and the driver of the vehicle were equally at fault. In that case, the compensation amount awarded is likely to be reduced by 50% to take this into account.
If you are not sure who was at fault for the accident, it is important to get advice from an experienced injury lawyer.
It is not uncommon for people to think they were at fault for an accident, even when they were not or were only partly to blame. This is especially the case if the driver is quick to say you were at fault for the accident or you are made to feel intimidated or embarrassed by the situation.
Do I need a personal injury lawyer to make a claim?
Hiring a personal injury lawyer is not essential, as you can technically make a claim on your own. However, this can be a particularly daunting and stressful prospect, especially if you don’t have any prior legal experience.
Dealing with insurance and third party companies by yourself could result in you accepting much less compensation than what you are actually entitled to receive. You may also be unaware of special damages that you are eligible to claim, such as loss of earnings and the cost of medications.
For these reasons, hiring the services of an experienced personal injury lawyer is a worthwhile investment that will give you added peace of mind. They will have the knowledge and experience to help build a successful claim and ensure you receive the maximum amount of compensation that you are legally entitled to.
To find out if an injury lawyer can help you claim following a pedestrian accident, call free on 0800 678 1410.
A trained legal adviser will discuss your accident with you and let you know if you have a valid claim that is worth pursuing. This advice is provided completely free of charge, and if you have a valid claim, they will be able to put you in contact with an experienced no win no fee solicitor. This means there are no upfront costs, and you only pay a fee if your compensation claim is successful.
What are common injuries suffered in pedestrian accidents?
If you are involved in an accident as a pedestrian, the consequences can range from minor cuts and bruises to serious, life-changing injuries. The fact that pedestrians do not have any protection means they are particularly vulnerable to injury when knocked over or hit by a vehicle.
Some of the most common injuries pedestrians suffer in accidents include head injuries, whiplash, cuts and bruises and broken bones.
When the police attend the scene of a road accident, a police officer will report the accident using a classification system. This is based on the severity of the injury or injuries that have been sustained.
Depending on the location of the accident and the police force involved, they will either use the CRASH (Collision Recording and Sharing) or COPA (Case Overview Preparation Application) systems.
Under both of these reporting systems, pedestrian and other road traffic accidents will be assigned one of the five different classifications listed below:
- Slight – this includes injuries such as minor cuts and bruising, whiplash and sprains (e.g. sprained ankle or wrist).
- Less serious – this would include deep cuts and lacerations, minor head injuries and fractured bones such as a fractured foot, arm, ankle, hand or collarbone.
- Moderately serious – this includes chest injuries, fractures to the pelvis or thigh, deep penetrating wounds and the partial loss of limb (such as an arm or leg).
- Very serious – this includes pedestrians that have suffered a severe head injury with a loss of consciousness, a severe chest injury causing breathing difficulty, a broken spine or neck and a range of internal injuries.
- Fatality – this, of course, is the most serious classification where a pedestrian has been killed in a road accident.
As mentioned, the injuries listed above are used to help the police report the severity of road traffic accidents, including those where a pedestrian has been injured. But there are, of course, many other injuries and illnesses that you may have sustained as a result of your accident.
Whatever type of injury you have suffered from, you must seek medical attention as soon as possible. Depending on the severity of the accident, a paramedic may have assessed you at the scene of the accident.
Even if this is the case, you are still advised to visit a hospital or your GP to assess your injuries further. This is because the shock of what has happened and the adrenaline running through your body can often mask injuries. These may not become apparent until several hours or even days have passed.
Will I need to go to court?
You will rarely need to attend court as part of your personal injury claim. This usually only happens when negotiations break down between the parties involved and a fair settlement cannot be reached. This is incredibly rare though, and most pedestrian accident claims are settled outside of court through mediation or negotiation between legal teams.
Who can make a claim for a fatal pedestrian accident?
Road accidents involving pedestrians can have devastating consequences, especially when they result in the loss of life. Between 2016 and 2020, there was an average of 438 fatal pedestrians accidents on roads in the UK.
If one of your loved ones has lost their life in a pedestrian accident, it is essential to get expert legal advice from an experienced solicitor. Compensation will be the last thing on your mind, and no amount of money will ever be sufficient for the loss you experience.
But if you do find yourself in this incredibly traumatic situation, it is vital that you and any other surviving family members are not left in financial hardship as a result of the accident. This is especially important if an income has been lost, as you may struggle to meet living costs such as mortgage or rent payments and household bills.
The Fatal Accident Act 1976 provides a list of dependents who may be entitled to make a claim for the loss of a loved one. A dependent is somebody who was reliant on or supported by the income of the person that lost their life.
Based on this, the list of family members that can potentially claim compensation as a dependant of the deceased include:
- A husband or wife
- A former husband or wife
- A cohabiting couple that was living together for two or more years
- A child, or person that was treated as a child
- A parent or guardian
- A sister or brother
- A grandchild
- An uncle or aunt
- A grandparent
- A child of a sister, brother, aunt or uncle
Making a pedestrian accident claim when there has been a loss of life can be challenging and complex. Having an experienced personal injury lawyer on your side can help to ease the burden and ensure your claim is concluded as swiftly as possible with the maximum compensation amount.
How to prevent pedestrian accidents?
Whether you are walking by yourself, with friends or with family, it is important to be aware of your safety. This is especially important if you are walking with young children. To enhance your safety when using roads and pavements across the UK, here are some tips you should follow:
- Avoid using your mobile phone when you are crossing roads or walking in busy areas. Even if you have a hands-free facility, your full attention must be on what’s going on around you when crossing a road.
- If you’re out with your children, make sure they’re well supervised and always hold their hand when crossing a road. Children should also keep away from the kerbside to avoid being hit by a car or falling into traffic.
- Avoid crossing roads in areas where you are less likely to be seen by oncoming cars and traffic. This could include avoiding crossing the road on a bend and being careful when crossing from behind a parked vehicle or a stationary car in traffic.
- If you are out jogging during the day or early evening, make sure that you wear an item of reflector clothing, so it’s easier for drivers to spot you on the road.
- Make yourself more visible if you’re walking late at night by wearing light coloured clothing with reflective strips. This will help drivers see you in the dark and avoid colliding with you.
Following the above tips and ensuring you adhere to the Highway Code will help to keep you safer when walking on and crossing roads when you are out and about in the UK.
Can a driver claim against a pedestrian for causing an accident?
In theory, if a pedestrian causes an accident that results in personal injury to a driver, they could be held liable for damages. This would include a compensation claim for personal injury, financial losses and vehicle damage.
However, in many cases, it won’t be worthwhile actually pursuing a claim. Unlike claims made against other car drivers, there is no insurance company to claim against with pedestrians. So any compensation awarded would need to be paid by the pedestrian through their own money and assets – which they might not have.
It may be difficult to find a personal injury solicitor to represent you in these situations, especially on a no win no fee basis. This is because if the chances of successfully claiming compensation are slim, the solicitor won’t be able to cover their costs even if they win the case.
To be worthwhile claiming against a pedestrian, it would need to be established that the pedestrian has sufficient money or other assets to cover the amount of compensation that is likely to be awarded.
If you find yourself in this situation, speak to a trained legal adviser on 0800 678 1410.
Is a driver always at fault when hitting a pedestrian?
No, a driver is not always at fault if they hit a pedestrian. Who is at fault will depend on the individual circumstances of each accident.
For example, if a pedestrian steps out into a road without looking and is hit by a car, it would be difficult to suggest that the driver was at fault.
As mentioned above, it is not always as simple as one person being to blame for an accident. A driver and pedestrian could both be equally at fault for an accident.
Can I claim if I was a pedestrian involved in a hit and run accident?
Yes, if you were a pedestrian involved in a hit and run accident, you may still be able to claim compensation.
If the driver of the car, lorry or any other vehicle fails to stop at the scene after hitting you, you should immediately contact the police to report the accident.
In some cases, the police may be able to trace the driver responsible for the accident. However, if they cannot be traced (or if they are found but the driver is uninsured), you may still be able to make a claim through the Motor Insurer’s Bureau.
The Motor Insurer’s Bureau is a fund set up to compensate victims of accidents involving uninsured or untraced drivers. This includes pedestrians as well as other road users.
If you find yourself in this situation, speaking to an experienced injury solicitor can help to ensure you receive the compensation you are entitled to for your pain, suffering and other financial losses.
How long will a pedestrian injury claim take?
Unfortunately, there is no simple answer to this question. Some pedestrian accident claims can take a couple of months to settle, whereas others may take much longer.
Your injury lawyer will aim to settle your claim as quickly as possible, so you can get the compensation you need and deserve. However, several factors will determine how quickly this can actually be done.
A key factor that can impact the timeframe is disputes regarding liability (i.e. who was at fault for the accident).
Another potential for delay is when there are issues negotiating a fair compensation settlement. This is more likely when a pedestrian has suffered severe injuries or an injury that will have a long term or permanent impact on their life.
When making a personal injury claim, your solicitor will keep you updated throughout the claims process. So if any delays may impact how long it will take for you to receive your compensation, these would be discussed with you.
Can I claim for emotional damages following a pedestrian accident?
Yes, personal injury claims are not limited to just physical injuries. You can also claim compensation for psychological harm caused by your accident.
If you have been involved in a pedestrian accident, suffering from some form of psychological injury is understandable. These types of accidents can be very traumatic and leave you with emotional scars and anxiety about crossing or being near roads in the future. You may even have PTSD, which can have a long term impact on your mental health.
Psychological injuries such as these can be just as debilitating as physical injuries. So when it comes to assessing how much compensation you should be entitled to following a pedestrian accident, the full impact of the accident on your wellbeing will be evaluated and taken into account.