Pedestrians expect to be reasonably safe while using the roads. However, they may suffer injuries if another road user fails to comply with relevant road traffic rules and regulations. If you want to know how to sue for pedestrian accident claims, you’ve come to the right place, since our guide will explain the claims process and the factors affecting your payout. 

Key Takeaways 

• You may have an eligible pedestrian accident claim if you suffer an injury while using the roads because of somebody else’s negligent actions.
• A successful pedestrian injury claim may include compensation for the physical and mental injuries and the financial losses.
• While learning how to sue for pedestrian accident claims, it’s important to stay aware of the time limits and to collect evidence.
• Your pedestrian injury payout and the time it takes to receive it depend on many different factors.
• You can make your pedestrian accident claim with one of the No Win No Fee solicitors from our panel.

If you have any questions about compensation claims for injuries suffered while navigating the roads, speak to a member of our advisory team. In addition to answering questions about pedestrian injury claims, they can assess whether you have a valid case and, if eligible, connect you to a solicitor from our panel. To find out if you have good grounds to seek compensation: 

• Contact us online.
• Call us at 0800 408 7827
• Reach us immediately on live chat.

Jump To A Section 

1. What Is A Pedestrian Accident?
2. The Most Common Pedestrian Accident Claims
3. Can I Claim For Pedestrian Injuries?
4. The Average Payout In Pedestrian Accident Compensation Claims
5. How Would My Compensation Be Calculated?
6. How To Start My Pedestrian Accident Claim
7. Will I Need To Go To Court?
8. Can I Make Pedestrian Claims On A No Win No Fee Basis?
9. More Information

What Is A Pedestrian Accident?

Before discussing how to sue for pedestrian accident claims, let us understand what exactly a pedestrian accident is.

In simple words, a pedestrian accident is a collision between a vehicle and a person standing or walking on the road. The vehicle could be a car, bus, truck or motorcycle, and this collision often occurs due to the neglectful actions of either the driver or the pedestrian.

Do you want to sue as a pedestrian hit by a car? Speak to us now to find out if you have a valid case. 

The Most Common Pedestrian Accident Claims

To answer your question of how to sue for pedestrian accident claims, let us examine some of the common causes of such injuries:

Vehicles Driving Too Fast

If a person is driving over the speed limit, it will be very difficult for them to control their vehicle, leading to collisions with pedestrians. Furthermore, it takes longer for a speeding car to stop when compared to one that is adhering to the speed limit. 

For example, a driver may be speeding through an area with a primary school. A child could step out in the road and the driver may not have enough time to brake before hitting that child, causing broken bones.

Drivers Not Focused On The Road

There could be many reasons why a driver isn’t focused on the road, such as using their mobile phones or adjusting their sat-nav system. Distracted driving can result in numerous types of accidents involving pedestrians. 

For example, a driver mounts the pavement while answering a call on their mobile. As a result, they crush a pedestrian against a wall of a shop. As a result, the pedestrian suffers serious, life-altering injuries.

Failure To Follow Traffic Rules

This could be in the form of speeding, not stopping at a red light or a zebra crossing. 

For example, a speeding driver failing to stop at a red light could cause injuries to pedestrians crossing the road. The pedestrians may not see the driver in time to abort the crossing due to the speed at which the driver is travelling, and this could lead to multiple injuries.

Carelessness

This could include attempting to disembark from a vehicle without checking for any passersby or failing to brake on time. 

For example, a driver could hit a pedestrian with their car door if they open it to step onto the pavement without first checking to make sure no one is there. This could knock the pedestrian over resulting in a head injury with moderate brain damage.

Driving Under The Influence

The driver could be under the influence of drugs or alcohol, making it difficult for them to focus or control their vehicle. 

For example, a driver’s reflexes may be slowed due to alcohol consumption. If a pedestrian steps into the road, they could be hit because of the driver’s slowed reflexes.

Contact us now for a free case consultation to discuss whether you can make a claim.

Can I Claim For Pedestrian Injuries?

All road users have a duty of care towards each other. This duty includes navigating the roads safely and abiding by the provisions of the Road Traffic Act 1988 and the Highway Code.

Therefore, the eligibility on how to sue for pedestrian accident claims is as follows:

• The driver had a duty of care towards you.
• They were in breach of this duty since they failed to drive safely.
• As a pedestrian, you suffered an injury due to this breach.

What If I Don’t Know The Driver That Injured Me?

It’s possible that you may not have been able to gather the driver’s details because they didn’t stop or for any other reason. This could be classified as a hit and run case, and you could claim through the Motor Insurance Bureau (MIB). The MIB is an organisation which helps individuals claim compensation from untraceable or uninsured drivers.

Section 170 of the Road Traffic Act 1988 mandates a driver to stop, report the accident and provide their contact and insurance details if they hit somebody with their vehicle. There must be a report made to the police within 24 hours if the driver refuses to give their details.

Can I Claim If I Was Hit In A Car Park?

You can claim for a pedestrian injury if you were hit in a car park. In this case, you have the right to claim compensation as long as you can demonstrate the driver was liable for your injuries.

Can I Claim On Behalf Of Somebody Else?

You could make a pedestrian injury claim on behalf of the following individuals:

• Minors under the age of 18
• Individuals with reduced mental capacity

In order to claim on behalf of somebody else, you’ll have to apply to be a litigation friend. You could do this until:

• The minor turns 18.
• The individual’s mental capacity has returned.

The court will determine your suitability to become a litigation friend before making the appointment against the following criteria:

• The absence of conflict of interest.
• You can act fairly and competently.

Furthermore, if your loved one died as a result of being hit by a car, you could be eligible to seek compensation. For the first six months following the death, the estate can claim on their behalf for the pain, suffering and financial losses they suffered between the date of the accident and the day they died. Additionally, the estate can claim on behalf of the dependants for the impact of the death. However, if the estate does not claim in these six months, then certain, eligible relatives can claim compensation for the impact of the death. For example, if your spouse or civil partner died in a pedestrian accident and they were responsible for paying half the bills, you could recover their share of the household expenses.

Speak to our advisors now for more information on litigation friends and claiming on behalf of another party. An advisor can also discuss how to claim for a fatal accident with you.

The Average Payout In Pedestrian Accident Compensation Claims

In our discussion on how to sue for pedestrian accident claims, you may be wondering about the average payout you could receive. However, knowing the average compensation amount which could apply to pedestrian accident claims won’t be of any benefit to you. This is because every injury claim is unique, and the compensation you receive depends on the facts of your case.

Your pedestrian injury solicitor or the expert valuing your claim would refer to the Judicial College Guidelines (JCG) to determine a compensation range for your injuries. The table below summarises some of the JCG figures except for the first entry. You must use this table only for guidance since it isn’t binding.

Injury	Compensation Guidelines
Multiple Severe Injuries and Special Damages	Up to £1,000,000+
Brain Damage- Very Severe	£344,150 to £493,000
Neck Injury - Severe (ii)	£80,240 to £159,770
Facial Disfigurement- Very Severe	£36,340 to £118,790
Back Injury- Severe (iii)	£47,320 to £85,100
Severe Finger Fractures	Up to £44,840
Skeletal Injuries- Multiple Facial Fractures	£18,180 to £29,220
Severe Toe Injuries	£16,770 to £25,710
Serious Shoulder Injury	£15,580 to £23,430
Knee Injury- Moderate (ii)	Up to £16,770

How Would My Compensation Be Calculated?

While we explore how to sue for pedestrian accident claims, let us examine what can be included in your payout. For a successful claim, your compensation may include the following heads:

• General Damages: This head includes compensation for your physical and psychological injuries.
• Special Damages: This head includes compensation for the financial losses you suffered due to your injuries.

You could claim the following special damages:

• Loss of earnings both in the present and future.
• Adaptations to your home or vehicle.
• Medical expenses including the costs of commuting to and from the hospital.
• Cost of professional care.

To prove the above financial losses, you could use evidence like receipts, salary slips and bank statements.

Speak to our advisors now for more information on compensation payouts. As part of our services, one of our advisors can value your pedestrian injury claim for free. They will also discuss what special damages you could claim (based on your circumstances) and how you could prove these. 

How To Start My Pedestrian Accident Claim

While considering how to sue for pedestrian accident claims, it’s important to be mindful of the time limits and to start collecting evidence in support of your claim.

Here are some examples of the evidence which could help:

• CCTV footage
• Medical records 
• Photographs of visible injuries
• Details from police report, if filed.
• Contact information of any eyewitnesses for witness statements
• Personal written accounts like diary entries.

Furthermore, you must start your personal injury claim within the set time limit.  According to the Limitation Act 1980, you have three years to start your pedestrian claim. However, there are certain exceptions:

• Minors: Since minors cannot claim for themselves, the time limit pauses until their 18th birthday.
• Reduced Mental Capacity: If an individual doesn’t possess the mental capacity to claim for themselves, the time limit is indefinitely paused. In the event that the person’s mental capacity returns, they’ll have three years to start their claim.

How Long Will It Take For My Claim To Be Settled?

There is no definite time period within which your claim will be settled. This is because every personal injury claim is unique, and the time it takes will depend on factors like:

• Claim complexity
• Evidence strength
• How severe your injuries are
• Whether the other party accepts or refuses liability
• How long the negotiations take

An experienced solicitor will be able to provide you with a rough timeline of your case. You can speak to us for guidance on how much time your claim could take and for help in collecting evidence.

Will I Need To Go To Court?

Most pedestrian injury claims are settled out of court. Therefore, it is highly unlikely that your claim will go to court, and even if it does, you will not be required to attend.

You can speak to our advisors for detailed guidance on the claims process and the various steps involved in court.

Can I Make Pedestrian Claims On A No Win No Fee Basis?

Figuring out the financial arrangements is an important part of knowing how to sue for pedestrian accident claims. You may be concerned about how expensive having the support of a solicitor through the claims process is. However, if you work with a solicitor on our panel, they’ll offer No Win No Fee services through a Conditional Fee Agreement (CFA). Under this agreement, you won’t have to pay for your solicitor’s services:

• Upfront or in the beginning.
• While the claim is pending.
• If you lose your case.

In the event of a successful outcome, your solicitor will charge a success fee, taken as a fixed percentage of your compensation. You need not worry about losing your compensation amount since there is a legal cap on this percentage, which means that you will get to keep the majority of your compensation. 

Contact Us

To get in touch with an advisor and find out if a No Win No Fee solicitor from our panel can support your claim: 

• Contact us online.
• Call us at 0800 408 7827.
• Reach us immediately on live chat.

More Information

Thank you for reading our guide on ‘How to sue for pedestrian accident claims.’ Here are some other articles from our site:

• Information on suing for a road traffic accident.
• Details on how to sue a drunk driver.
• Our guide on suing for an accident in a taxi.

You can also go through these external sources for more information:

• Guidance from the government on how to request a pedestrian crossing.
• Information from the government on regulatory signs.
• Details from the NHS on first aid.