Pedestrian Accident Claims

How to Claim Compensation for a Pedestrian Accident

Learn how you can make a pedestrian accident claim for compensation if you are hit by a vehicle while walking, including where the accident is a hit and run.

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Introduction to Pedestrian Accident Claims

Learn how you can claim compensation for your injuries if you are struck by a vehicle while walking, including where the accident is a hit and run.

Of all the road accident scenarios, pedestrian accidents are perhaps the most overlooked. You rarely hear about them in the news. Yet pedestrians are easily the most vulnerable road users and are at high risk of sustaining very serious injuries if they are struck by a vehicle.

According to government data, 395 pedestrians were killed on Britain’s roads in 2023. A further 19,235 were injured. It’s known that non-fatal pedestrian casualties are underreported to the police, so the actual number of incidents is likely to be much higher.

In the aftermath of a pedestrian accident, victims may be left with physical injuries, emotional trauma and financial burdens. If you have been struck by a vehicle while walking or jogging, it is important to understand your rights and options for seeking compensation.

What types of pedestrian accidents can I claim for?

Our pedestrian accident solicitors have dealt with every type of pedestrian accident imaginable and have helped our clients recover hundreds of thousands of pounds of compensation. Some of the more common scenarios we help with include:

Being struck by a vehicle while crossing the road. There is no offence of jaywalking in England and Wales. If you are knocked down at a pedestrian crossing or any other place where you should have been easily visible to the driver, then it is likely the driver will be found to be at fault. We recently helped a client recover£20,000 compensation for injuries sustained when she was hit while using a zebra crossing.

Pedestrian hit by a car while walking on the pavement. Pedestrians have right of way on pavements. If a car mounts the kerb and strikes you while walking, you can make a claim.

Being struck by a vehicle in a car park. Drivers have a duty of care towards pedestrians, regardless of whether they are driving on a public road, private road or car park. You may be able to make a claim if the driver was driving recklessly or failing to exercise reasonable caution.

Being involved in a hit and run accident. If you are struck by a vehicle that flees the scene without stopping, it is still possible to claim compensation for your injuries through the Motor Insurers’ Bureau (MIB). We recently negotiated a £300,000 settlement from MIB for a client who was knocked over by an uninsured hit-and-run driver, without the need for stressful court proceedings.

Being hit by a cyclist on the road or pavement. While cyclists are not required to have insurance, they are required to ride carefully and follow the Highway Code. They may be held liable for careless riding that results in an accident with a pedestrian.

Accidents involving e-bikes and e-scooters. Pedestrians are vulnerable to injury following an accident involving an e-bike and e-scooter due to the speed at which they travel and the fact they are often ridden on pavements.

This is not a complete list. If you have been involved in any type of pedestrian accident, contact us for advice on whether you can make a claim.

What types of injuries can I claim for as a pedestrian?

Pedestrians are not protected by a vehicle or helmet. They may be thrown into the air, hit by the vehicle itself, or collide with the road or other objects on impact. This can result in injuries to any part of the body. Sometimes, those injuries can be serious and life-changing.

We have helped pedestrians claim compensation for a wide range of injuries including:

How do I make a pedestrian accident compensation claim?

Speak to one of our expert pedestrian accident solicitors for a free initial assessment.

We will listen to your account of the accident and assess whether you have a viable claim for compensation and the claim is likely to succeed. There is no pressure to work with us, and we’re happy to answer any questions you may have about the claims process.

If you decide to proceed, we will offer to represent you on a no-win no fee basis. This means there is no financial risk to you. Or fees will only be payable if your claim is successful, and they will be deducted from your final compensation settlement.

The next step is to gather evidence to support your claim. This may include police reports, witness statements, CCTV, accident investigation reports and other evidence necessary to build a robust case.

Your solicitor will contact the at-fault party’s insurance company to secure an admission of liability and open negotiations for a settlement. Most pedestrian accident claims are settled out of court, but if necessary, we will prepare your case to go to trial.

Alongside the legal work, we’re here to help you access rehabilitation to get you back on your feet. In many cases, we can seek early payments from the at-fault party’s insurance company to cover the costs of any medical treatment or rehabilitation you may require.

What’s the average settlement for a pedestrian hit by car?

No two pedestrian accidents are the same so we cannot give you an exact number right now.

However, our personal injury solicitors are highly experienced in handling pedestrian accident claims. During the initial assessment, they will provide you with a ballpark figure for the potential value of your claim based on similar cases.

To value your claim, we take into account:

  • The type of injuries
  • How serious they are
  • How long it will take to recover from your accident
  • The impact the injuries have on your life (e.g. whether you have to give up a much-loved sport)
  • The cost of medical care and rehabilitation
  • Loss of earnings, if you had to take time off work to recover
  • Any future loss of earnings due to your injuries
  • Travel expenses
  • The cost of any ongoing care or support you may need
  • The cost of walking aids, specialist equipment and home adaptations

As you can see from this list, you can recover compensation for both the injury itself and any associated financial losses.

For very serious injuries that impact a person’s ability to work and carry out daily activities, the compensation awarded can be substantial. Our team will always work to get you the maximum amount of compensation possible for your individual circumstances.

Can I claim for a hit and run accident?

Yes, you may still be able to claim compensation if you were involved in a hit and run accident. This is when the driver responsible for the accident flees the scene and cannot be identified.

In these cases, we can help you make a claim through the Motor Insurers’ Bureau. The MIB exists to compensate victims of uninsured drivers or untraced drivers. Our team can guide you through the process and help you secure the compensation you deserve.

Hit-and-run claims may take a little longer to resolve as the police will need time to trace the driver. However, our team will ensure that you receive any immediate assistance and support you may need in the meantime.

How long do I have to make a pedestrian accident claim ?

You usually have three years from the date of the accident to make a claim for compensation. In the case of a claim on behalf of a child, you can start the claim any time up to the child’s 18th birthday. When the child turns 18, they have three years to bring a claim themselves.

We recommend that you contact us as soon as possible. Your case will be stronger if we can begin gathering evidence while it is still fresh.

Why choose Osbornes Law for your pedestrian accident claim?

Our pedestrian accident claims lawyers have decades of experience in handling the most challenging and complex cases. We have a successful track record of winning significant compensation for pedestrians who have experienced serious and life-altering injuries, and for families who have lost loved ones in fatal pedestrian accidents.

Our priority is your recovery and well-being. We focus on ensuring you receive top-notch rehabilitation services and a comprehensive financial package suited to your recovery needs. This includes securing interim payments to support you financially during your case.

Most claims are handled on a no-win, no-fee basis. This means that you do not have to worry about upfront legal costs or fees during the process. Our fees will only be collected if we successfully secure compensation for you, ensuring that our interests are fully aligned with yours.

Questions about Pedestrian Accident Compensation Claims

Pedestrian hit by a car, what should I do at the scene?

If you have been involved in a pedestrian accident, the first and most important thing to do is seek medical attention. Even if you feel fine, it is essential to get checked by a doctor as some injuries may not be immediately apparent.

Then, gather as much evidence as possible from the scene of the accident. This could include taking photographs of any injuries or damage to property, getting the contact details of any witnesses and recording details of the accident itself such as location, time and weather conditions.

It is also important to report the accident to the police and get the driver’s insurance information if possible.

What is the law with regard to making a pedestrian accident claim?

Drivers, motorcyclists and cyclists all owe a duty of care to pedestrians. To make a successful pedestrian accident claim, you need to prove that the person responsible for your accident was driving or riding below a competent standard, and their carelessness caused or contributed to the accident.

Sometimes, this will be obvious such as running a red light or failing to stop at a zebra crossing. Other times, it may require more investigation and evidence gathering.

Our team is well-equipped to handle all types of pedestrian accident claims and will work to gather the evidence needed to support your case. Pedestrians often feel “up against it” when facing the might of motor insurers. Our experienced lawyers have the knowledge and expertise to level the playing field and ensure you receive the compensation you deserve.

Can I claim for a pedestrian accident if I was walking in the road?

Yes, you may still be able to claim compensation if you were walking in the road at the time of the accident. As a pedestrian, you have the right to walk on roads and cross them safely, and drivers must take care when approaching or passing pedestrians. If a driver has failed to take proper precautions and caused an accident that resulted in your injuries, you may have a valid pedestrian accident claim.

However, the amount of compensation awarded may be affected if it is found that you were partially at fault, such as crossing against a red light or darting out into traffic. This is known as “contributory negligence” and may result in a reduction of your overall compensation amount. Our team will assess your case and advise you on the best course of action to take.

Can I claim if my accident was caused by poor road conditions?

If the accident was caused by poor road conditions, for example, by a car skidding on an ungritted or defective road surface, then your claim would be made against the Local Authority with responsibility for the upkeep of the road. Local Authorities must make reasonable efforts to keep the road surface safe. That includes the timely removal of obstructions, the repair of damage, and the treating of snow and ice.

These claims can be complex. Liability depends on whether the Local Authority knew about the defect and had a reasonable system for inspecting, maintaining and repairing roads. Our team has experience in handling pedestrian accident claims caused by poor road conditions and can support you through the process.

Speak to a Personal Injury Lawyer Today

For a free initial conversation call 020 7485 8811

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