How To Sue As A Pedestrian Hit By A Car

Last Updated On 22nd January 2026. Being a pedestrian hit by a car can be devastating. A serious road traffic accident like this can create far-reaching health and money problems. This guide about how to sue as a pedestrian hit by a car will provide information about how the personal injury claims process works.

We will cover when you could be entitled to claim compensation and how this would be calculated. Also included are when you can claim on behalf of someone else and how the experienced personal injury solicitors on our panel can help you on a No Win No Fee basis.

Key Takeaways:

• You could be eligible to start a claim if you can prove a road user breached their duty of care to you.
• You have three years to start a personal injury claim from the date of the accident, although this can vary for minors and those with reduced capacity.
• Compensation can be awarded for injuries, lost earnings, care costs, medical bills and changes to your lifestyle.
• You could still have a valid claim for compensation against an uninsured or untraced driver.
• Our panel solicitors operate on a No Win No Fee basis.

Our advisory team can answer any questions about claims for a pedestrian hit by a car. We invite you to either continue reading or, if you prefer, discuss your pedestrian accident claim in person now:

Jump To A Section of Our Guide

1. How To Sue As A Pedestrian Hit By A Car
2. Can I Claim If My Child Was Hit By A Car?
3. Could I Still Make A Claim If The Driver Is Uninsured Or Untraceable?
4. Types Of Accidents And Injuries Suffered As A Pedestrian Hit By A Car
5. What Should I Do After Being Hit By A Car?
6. How Long Do I Have To Sue As A Pedestrian Hit By A Car?
7. How Long Will My Pedestrian Accident Claim Take To Settle?
8. How Much Compensation Could I Get After Being Hit By A Car?
9. Could I Make A No Win No Fee Pedestrian Accident Claim?
10. Learn More About Road Traffic Accident Claims

How To Sue As A Pedestrian Hit By A Car

To sue as a pedestrian who has been hit by a car, you will need evidence that clearly shows the car driver violated road safety rules and regulations and it was this that caused your injuries.

So, in order to seek compensation as a pedestrian hit by a car, your case must satisfy the following eligibility criteria:

• You were owed a duty of care

Another individual on the roads owed you a legal obligation to ensure that they use the roads in a way that avoids causing harm or damage to others. 

• This duty was breached

This happens when the responsible party fails to act in line with their duty of care, or fails to act in a way that a reasonable person would. This can include speeding, using their phone when driving or driving recklessly. 

• You suffered an injury following their breach

The final element we must determine is that your injuries were directly caused by the breach of the responsible party; this encompasses both physical and psychological damage. 

Whether you suffered more minimal short-lived injuries, or life-changing severe injuries, you can claim for any medically recognised condition. 

You might be wondering what duty of care is owed to you as a pedestrian. Essentially, all road users must operate on the roads in a way which reduces their risk of causing harm or damage to others. As part of their duty of care, they must adhere to the advice provided within both the Road Traffic Act 1988 and the Highway Code.

Additionally, as a pedestrian, under the Highway Code rules 205 – 210, as a vulnerable road user, other road users must provide extra care and consideration.

At How To Sue, our advisors can offer you a free case consultation where they can assess the merits of your claim. Here, they can listen and discuss the options available to you. If you’re eligible, they can then connect you with a specialist pedestrian accident solicitor from our panel who can then provide a personalised service.

Get in touch with our advisors today to learn whether you’d be eligible to bring a pedestrian claim against a driver.

Can I Claim If My Child Was Hit By A Car?

Yes, you can claim on behalf of your child if they were struck by a vehicle. Injured people under 18 are not able to start a compensation claim themselves. Whilst they can wait until they are 18 and begin a claim then, there is another option. A parent or concerned adult can be appointed to act on the child’s behalf as a litigation friend. In this role, they can manage all aspects of the claims process for them, providing they are competent to do so and there are no conflicts of interest.

What Happens To Compensation For Under 18’s?

Should the pedestrian accident claim be a success and a compensation payout is awarded, the Court Funds Office retains the money in a secure bank account on behalf of the minor. Typically, they transfer the compensation when the child becomes 18 and then close the account.

If funds are required for the injured person’s treatment or other needs, an application can be made to the court to release funds. To find out more about how to claim on behalf of your child, reach out to an advisor.

Could I Still Make A Claim If The Driver Is Uninsured Or Untraceable?

Sometimes people worry that they cannot bring a claim for compensation if the other driver left the scene without providing their details or it turns out that they had no insurance. Fortunately, this is not the case, and compensation can still be claimed so long as the driver in question was in breach of their duty.

Section 170 of the Road Traffic Act 1988 states the driver must stop at the scene of an accident. Failure to do so is an offence. If a driver doesn’t stop or does not have insurance and is at fault for an accident, an organisation called the Motor Insurers’ Bureau (MIB) can pay damages. The MIB is funded by all road traffic insurers to help compensate the victims of uninsured and untraced drivers.

To learn more about how to sue as a pedestrian hit by a car that either left the scene or did not have insurance, contact an advisor today.

Types Of Accidents And Injuries Suffered As A Pedestrian Hit By A Car

As a pedestrian, there are a myriad of ways in which you could suffer injuries after being hit by a car. Below, we have provided some of the most common ways in which these claims arise:

• A driver is looking at their mobile phone which causes them to lose control of their vehicle. As a result, they end up colliding with a pedestrian causing a broken leg.
• A driver fails to properly check their blind spot when reversing in a car park, meaning they failed to notice a child walking behind their car. The child suffers a serious head injury following this collision.
• If a driver is inebriated or under the influence of drugs, their response time and ability to control their car on the roads can be affected. An example of this is if a driver who was drunk driving ran through a red light causing them to crash into a pedestrian that was crossing the road.

These examples are just illustrative, and not the only ways that you could suffer injuries as a pedestrian hit by a car. So, if you would like to discuss the specifics of your own claim, please get in touch with our advisors today.

What Should I Do After Being Hit By A Car?

After being hit by a car as a pedestrian, you might feel overwhelmed and not know what steps to take. Below, we’ve provided a streamlined list of steps you can take in order to prioritise your health and support your legal position:

Call 999 or Seek Emergency Medical Help

If you’ve been hit by a car, your health is of the utmost importance. Ensure to call 999 immediately if you’re seriously injured, you suspect head injuries or fractures or if you’re feeling dizzy, in shock or confused. 

Visiting a healthcare professional means your injuries can be assessed fully. Some injuries aren’t visible, and can worsen in a matter or hours or days.

Report the Accident to The Police

Any road traffic accident involving a pedestrian should be reported to the police. If you’ve been injured, the driver is uninsured or they failed to stop at the accident scene, it’s imperative that you report this accident.

Make sure to ask for a crime or accident reference number, which can later be used as vital evidence in your claim.

Gather the Driver’s Details

Once it is safe to do so, you can collect the driver’s name, registration number, insurance details and contact details. 

In cases where the driver has left the scene, try your best to provide a vehicle description and their direction of travel.

Compile Evidence

Evidence is vital when making a pedestrian accident claim as it helps to establish liability. Where possible, try to gather:

• Photos of the accident scene, the vehicle and conditions of the road
• Photographs of visible injuries
• Contact details of anyone that might have witnessed the accident
• CCTV or dashcam footage taken from other vehicles or local shops could have caught the accident on camera

Seek Medical Help

Even if you don’t receive emergency assistance, make sure to attend your GP or A&E as soon as possible. This creates an official record of your injuries, which can link your injuries to the accident and examine any hidden injuries. 

Additionally, make sure to keep a hold of any medical reports, hospital discharge information or prescriptions. 

Avoid Admitting Fault

Don’t admit blame or apologise at the scene. Liability is solely a legal matter, and admitting any fault could impact your claim.

Record Your Injuries and Expenses

Ensure you record things like:

• Daily pain levels and symptoms
• Any time you’ve taken off work
• The wider impact on your daily life
• Any travel expenses or medication costs

This information can be used to strengthen your pedestrian hit by a car compensation claim.

Seek Legal Help

Getting in touch with a specialist road traffic accident solicitor can be massively helpful. They can help you recover compensation for your physical injuries, psychological distress, lost income and even medical costs. 

If you’d like any further information on what steps you can take, please get in touch with our advisors today.

How Long Do I Have To Sue As A Pedestrian Hit By A Car?

The Limitation Act 1980 sets a three-year time limit for starting a personal injury compensation claim. This begins from the date of the accident in most cases, but there are exceptions for children and those who lack the capacity to bring their claim.

For children, the time limit begins to run on their 18th birthday, so they have until they turn 21 to start a claim. This is if a litigation friend has not brought a claim on their behalf, as discussed above.

The time limit is paused for those who lack capacity. The pause is lifted if capacity is regained, and the three year time limit would run from the date of the recovery of capacity. Whilst there is no capacity, a litigation friend can begin a claim in the same way that they can for a child.

If you’d like guidance on time limits and whether your claim as a pedestrian hit by a car could still be made, reach out to the team.

How Long Will My Pedestrian Accident Claim Take To Settle?

The amount of time it takes to sue as a pedestrian hit by a car can depend on a variety of factors. All personal injury claims need to be assessed based on their individual circumstances. Legal professionals will examine the details of your specific case and the impact of your injuries. 

The time frame of your pedestrian injury claim may be affected by:

• The severity of your injuries (especially if they may have an impact on your life in future)
• The extent of the financial impact you have suffered due to the injury
• Whether the other party accepts liability for the accident
• Whether or not your claim goes through the court (it may take longer if your case cannot be settled outside of court)
• How busy the court schedule is
• The type and amount of evidence that you provide in support of your case (you may require an independent medical assessment, which can take some time)

In more complex cases where a pedestrian was hit by a car, it can take longer to evaluate your compensation award. However, if you are eligible to work with a solicitor from our panel, they will support you throughout the process, providing excellent communication and a client-focused approach to law.

How Much Compensation Could I Get After Being Hit By A Car?

You may be wondering how much compensation could apply if you are a pedestrian hit by a car. Successful road traffic accident claims can include an amount made up of two heads of loss. These are referred to as general and special damages.

General damages apply a value to the physical pain and psychological injury caused by the accident. Factors that alter the size of this compensation can be the severity of the injuries, how long they last and what the long-term prognosis is.

Those tasked with the calculation of general damages may use any medical evidence that is submitted to guide them. Also, publications like the Judicial College Guidelines (JCG) provide suggested compensation award amounts for a cross-section of minor to serious injuries.

Below is a table that uses entries from the JCG. They are only guideline amounts as each claim varies from person to person. Also, the first entry does not come from this source:

Compensation Award Bracket Guidelines

Location of Injury	How Severe?	JCG Award Guideline Amounts
Multiple degrees of severe injury and special damage award for lost income, medical expenses and care.	Severe	Up to £1 million plus.
Head/Brain	(a) Very Severe	£344,150 up to £493,000
	(d) Less Severe	£18,700 up to £52,550
Pelvis	(a) Severe (i)	£95,680 up to £159,770
Foot	(c) Very Severe	£102,470 up to £133,810
Chest	(b) Traumatic injury	£80,240 up to £122,850
Knee	(a) Severe (i)	£85,100 up to £117,410
Legs	(ii) Very Serious	£66,920 up to £109,290
Neck	(a) Severe (iii)	£55,500 up to £68,330
Back	(b) Moderate (ii)	£15,260 up to £33,880

Can My Compensation Cover Financial Losses?

A claim for pedestrian injuries can also include the financial damage caused by the injuries, known as special damages. Documented evidence is usually helpful to claim special damages, and some examples might be:

• Proof that your income was harmed because you couldn’t work through wage slips.
• Receipts that show the cost of domestic care.
• Proof of tickets, parking, petrol or taxis to essential appointments.
• Statements and receipts for adaptations made in your home or car to deal with a new disability.
• Medical bills for treatments outside the NHS or predicted long-term physiotherapy costs.
• Prescription charges for over-the-counter medications.

You might have proof of other out-of-pocket costs forced on you by the injury. If your claim is valid and you appoint a solicitor to help, they can go through this paperwork with you and build a solid claim. Check if you qualify today.

Could I Make A No Win No Fee Pedestrian Accident Claim?

After reading our guide, you may feel sure that you qualify to make a pedestrian car accident compensation claim. You are entitled to do so independently, but it could be much less stressful with the help of a skilled professional.

The personal injury solicitors on our panel have been helping pedestrians claim compensation for decades. They have first-hand experience in collecting vital witness statements, calculating the correct amount of damages and dealing with all the court correspondence.

Furthermore, they can offer these outstanding services through a type of No Win No Fee contract called a Conditional Fee Agreement (CFA). Under this type of agreement:

• No solicitors fees apply upfront to start work.
• No fee needs to be paid for the solicitor’s services as the claim moves forward.
• Nothing is owed to your solicitors if the claim fails.
• A success fee is deducted from the compensation if your claim wins. This is a percentage amount which is subject to a legal limit. Therefore, the person claiming can expect to receive the majority of their payout.

The benefits of working with solicitors this way could help you start your claim today. Why not see if our panel of solicitors could help you with your pedestrian car accident compensation claim? Simply start by speaking to our advisory team:

• Ring us on 0800 408 7827
• Ask the chat window below a question about road traffic accidents.
• See if you can start pedestrian accident compensation claims via our online option.

Learn More About Road Traffic Accident Claims

This guide focused on how to sue as a pedestrian hit by a car. These other guides expand on road traffic claims:

• This guide explores what a litigation friend is in more detail.
• Here, we look at the personal injury claims process in more depth.
• Also, you can read about fatal accidents.

External resources:

• This resource from the Royal Society for the Prevention of Accidents (RoSPA) offers advice for pedestrians.
• Here, you can read pedestrian accident statistics.
• In conclusion, advice on when to call 999.

Thanks for taking the time to read our guide on how to sue as a pedestrian hit by a car. For any more information or guidance on the pedestrian accident claims process, reach out to the team.