In this guide to pedestrian accident claims, we explore how to make road traffic accident claims. We examine the key legislation that governs road users.
If you’ve suffered due to a road user’s negligence, you might be eligible to claim road traffic accident compensation. In this guide, we explore the road traffic accident claim process and look at how you can prove that driver negligence caused your injuries. We also look at examples of injuries you could suffer as well as compensation examples. Additionally, we investigate evidence that could be submitted to support pedestrian accident claims.
You could hire a No Win No Fee lawyer to support your claim for pedestrian accident compensation. To conclude this road traffic collision guide, we investigate No Win No Fee arrangements.
If you have any questions about your potential personal injury claim, you can get in touch with our advisors:
- Contact us online.
- Call 0800 408 7826
- Alternatively, use our live chat feature.
Choose A Section
- A Guide To Making Pedestrian Accident Claims
- Pedestrian Accident Claims – When Are You Eligible To Receive Compensation?
- What Compensation Could You Receive From A Road Traffic Accident Claim?
- Potential Evidence In A Pedestrian Accident Claim
- Why Make A No Win No Fee Claim Using Our Panel Of Solicitors?
- Learn More About Claiming For Pedestrian Accident Claims
A Guide To Making Pedestrian Accident Claims
According to Rule 204 of the Highway Code, pedestrians are at the most risk from other road users. The Highway Code is a set of rules and regulations for all road users to follow. Some of the rules are backed up by legislation elsewhere.
As a pedestrian hit by a car, you could make a personal injury claim for any injury you suffer. You might be entitled to make a multiple injury claim if you have been harmed in more than one way. Pedestrian injuries could include:
- A fractured skull.
- Rib fracture.
- Broken back.
- Post-traumatic stress disorder (PTSD).
Pedestrian accident claims must be supported with evidence that proves driver negligence. In the next section, we explore what qualifies as driver negligence.
Free legal advice about pedestrian accident claims is available from our advisors.
Pedestrian Accident Claims – When Are You Eligible To Receive Compensation?
The Road Traffic Act 1988 sets out the duty of care road users owe to each other. This is backed up by the rules and regulations found in the Highway Code.
Road users must reasonably prevent each from experiencing harm. Examples include abiding by the speed limit and following road signs and markings.
For a pedestrian accident claim to be valid, your injuries must have been caused by another road user breaching their duty of care. For example, if a driver failed to stop at a crossing and hit you, you may suffer a broken nose or other facial injuries. You might be eligible to make a road traffic accident claim.
Call our advisors to learn more about driver negligence leading to pedestrian accident claims.
What Compensation Could You Receive From A Road Traffic Accident Claim?
You could be wondering how much you could claim following a pedestrian accident. If you make a successful claim for compensation, your settlement could be made up of two kinds of damages. However, our road traffic accident claim calculator may not consider everything you could claim.
General damages in pedestrian accident claims seek to compensate for the pain and suffering caused by injuries sustained. The road accident claim amount will vary depending on your specific circumstances.
The table below contains examples of figures from the latest edition of the Judicial College Guidelines (JCG). As the name suggests, the JCG provides guideline compensation brackets that legal professionals can use to help them when valuing claims. However, you should only use these figures as a guide.
| Injury | Notes | Potential Compensation |
|---|---|---|
| Very serious severe leg injuries (b) (ii) | Permanent mobility problems from injuries. | £54,830 to £87,890 |
| Severe back injuries (a) (iii) | Chronic conditions and remaining disabilities such as severe pain and discomfort from soft tissue injuries, disc or vertebrae fractures or disc lesions. | £38,780 to £69,730 |
| Arm injuries - permanent substantial disablement (b) | Significant and permanent disability, either in function or cosmetically from serious fractures of one or both forearms. | £39,170 to £59,860 |
| Severe injuries to pelvis and hips (a) (iii) | Various injuries to the hips that may require a hip replacement. | £39,170 to £52,500 |
| Moderate neck injuries (b) (i) | Severe and immediate symptoms from fractures and dislocations. | £24,990 to £38,490 |
| Moderate PTSD (c) | Although the claimant may experience some symptoms, they will not cause a gross disability. | £8,180 to £23,150 |
| Nose or nasal complex fracture (c) (i) | Permanent airway damage and possible facial deformity from serious or multiple fractures that require surgery. | £10,640 to £23,130 |
| Serious shoulder injuries (b) | Lower brachial plexus damage and shoulder dislocation that causes pain in the shoulder and neck along with sensory symptoms. | £12,770 to £19,200 |
| Minor head injury (e) | There could be some brain damage that is minimal in nature. | £2,210 to £12,770 |
| Chest (g) | Rib fractures or soft tissue injuries that heal within weeks. | Up to £3,950 |
Special Damages In A Road Accident Claim
Some pedestrian accident claims include special damages. It is under special damages that you could recover costs incurred due to your injuries. However, you will need evidence of any costs you would like to recover, such as receipts, invoices and payslips.
Your road accident claim amount could include:
- Medical expenses, such as prescription costs, if you pay for these yourself.
- Cosmetic expenses, such as specialist makeup to conceal scars or plastic surgery costs.
- Home and vehicle adaptions.
- Loss of earnings for any time off work.
Call our advisors for a free estimation of your serious injury claim based on your circumstances and injuries.
Potential Evidence In A Pedestrian Accident Claim
As stated already, pedestrian accident claims must be supported with evidence. When claiming for a road traffic accident, what you do after being injured by someone else’s negligence might depend on the circumstances. However, some of the forms of evidence you could provide include:
- Photographs of the accident site and/or your injuries.
- Medical records.
- CCTV, dash cam or mobile phone footage.
- Witness contact details.
You may also wish to speak to road traffic accident solicitors about your potential claim. A road accident No Win No Fee solicitor could help gather evidence, for example, by taking statements from witnesses.
How Long Does A Car Crash Claim Take?
Although we cannot tell you how long a road traffic accident claim will take, we can tell you how long after a road traffic accident you can claim. You will normally have three years from the date of your accident to begin your personal injury claim as set by the Limitation Act 1980. There are some circumstances that can affect the time limit. These include:
- Being under the age of 18 at the time of the road traffic collision. A litigation friend could start a claim on behalf of someone under the age of 18. However, if a claim is not started on their behalf, once the claimant reaches 18 they have three years in which to begin their road traffic accident claim.
- If a claimant lacks the mental capacity to start a claim themselves, a litigation friend could start one. Should they regain their mental capacity, they would have three years to start a road traffic collision claim.
Call our advisors to learn more about the time limit and evidence in pedestrian accident claims.
Why Make A No Win No Fee Claim Using Our Panel Of Solicitors?
No Win No Fee solicitors could support pedestrian accident claims. If you are making a pedestrian accident claim, your solicitor could provide their services under a Conditional Fee Agreement (CFA), which is a kind of No Win No Fee agreement.
An upfront solicitors fee usually won’t be charged when using a No Win No Fee solicitor. In the event of a successful claim, a legally capped success fee is taken from the compensation award. If a claim for a road traffic accident is not successful, a No Win No Fee lawyer usually won’t ask for payment.
For more information on legal representation in pedestrian claims, speak with an advisor today.
Contact Us 24/7 For Free To See If You Can Claim For A Pedestrian Accident
Our advisors are available to discuss pedestrian accident claims 24 hours a day, 7 days a week. Should your pedestrian accident claim seem eligible, you could be passed onto our panel of solicitors. To get in touch:
- Contact us online.
- Call 0800 408 7826.
- Use our live chat feature.
Learn More About Claiming For Pedestrian Accident Claims
Additional personal injury claims guides:
Links you may find useful:
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