A Guide To Claiming As A Pedestrian Hit By A Car

This guide will provide you with guidance on the steps you could take as a pedestrian hit by a car. We will look at the eligibility criteria for claiming compensation and the steps that are involved in the claims process. 

Pedestrian Hit By A Car

A Guide To Claiming As A Pedestrian Hit By A Car

We will discuss some situations in which a pedestrian who has been in an accident with a car may be able to claim and offer examples of evidence to support your claim. If you’re wondering how much compensation you could be owed, you may find our compensation table useful. While we cannot give you an estimation of your own claim’s value, we can give an insight into how settlements are reached. 

Contact Us

You can contact us for free to learn more about claiming as a pedestrian being hit by a car. If you have a valid claim, you could be put in contact with one of the No Win No Fee solicitors from our panel. 

Get in touch with us using the details below:

Jump To A Section

  1. If I’m A Pedestrian Hit By A Car, Can I Claim?
  2. How Could A Pedestrian Be Hit By A Car Due To Driver Negligence?
  3. What Evidence Could Help You During The Road Traffic Accident Claims Process?
  4. Compensation You Could Receive From A Pedestrian Accident Claim
  5. Make A No Win No Fee Pedestrian Accident Claim Using Our Panel Of Solicitors
  6. Learn More About Making A Pedestrian Hit By A Car Claim 

If I’m A Pedestrian Hit By A Car, Can I Claim?

In order to be able to make a personal injury claim for compensation after a road traffic act, you must be able to prove that your injuries were caused by negligence. Negligence is the term used to describe a breach of duty of care that results in injury. 

The Road Traffic Act 1988 sets out the duty of care on the road. Road users should act in a way that prevents themselves and others from coming to harm. The Highway Code, in addition to the Road Traffic Act 1988, sets out how road users should conduct themselves.

The Highway Code also establishes the hierarchy of road users, which states that pedestrians are the most vulnerable category of road users, and so require the most protection, alongside motorcyclists and cyclists, for example. This is because, without the protection of a vehicle, they are most at risk in a collision.  However, this does not negate the need for pedestrians to also reduce the risk they pose to others. 

If you have suffered injuries as a pedestrian hit by a car, contact us for free. Our helpful team will happily advise you on whether you may be able to claim, and could connect you with a legal representative. 

How Could A Pedestrian Be Hit By A Car Due To Driver Negligence?

In order to strengthen your accident claim, you must show that the incident resulted from a breach of a driver’s duty of care. Here are some examples of scenarios that could cause a pedestrian to be hit by a car in an accident:

  • A driver fails to stop despite you already being in the middle of a zebra crossing when they approach. You sustain an arm injury in the collision. 
  • You’re waiting at a bus stop when a driver under the influence of drugs swerves onto the pavement and hits you.

To see if you could have a valid car accident claim as a pedestrian who was knocked down, speak with a member of our team today.

Is There A Time Limit When Making Pedestrian Claims?

You must begin your claim within the standard claim time limit outlined in the Limitation Act 1980. This is typically three years from the date the accident occurred.

However, some exceptions can apply to this time limit. For example:

  • If the claimant lacks the mental capacity to pursue their own claim, then an indefinite suspension applies to the time limit. This ends in the event that they become capable of pursuing their own claim, in which case they have 3 years to do so.
  • When the claimant is a child, their limitation period would be paused until their 18th birthday. Once they turn 18, they have 3 years to claim. 

Although, in both scenarios, there is the opportunity for a litigation friend to pursue a settlement on the claimant’s behalf. A litigation friend is an adult appointed by the court to act in the best interest of the claimant.

If you would like to see whether you’re within the time limit for pursuing your claim, speak with a member of our team today.

What Evidence Could Help You During The Road Traffic Accident Claims Process?

Evidence will be an important factor in a successful case. Below, we have included some examples of evidence you might want to obtain in support of your case:

  • CCTV footage or dashcam footage.
  • A diary of your symptoms and how your quality of life has been affected by your injuries.
  • Medical records. You might also be asked to attend an independent medical assessment as part of the process of claiming. If you work with a lawyer from our panel, they could arrange this locally to you to reduce the amount you need to travel.
  • The contact details of any eyewitnesses who could make a statement at a later date.

Get in touch with our team today by calling the number at the top of the page to see if you could be connected with a solicitor. They could offer valuable support throughout the claims process and may be able to help you with the process of collecting evidence. 

Compensation You Could Receive From A Pedestrian Accident Claim

A personal injury settlement awarded in a successful claim can consist of up to two kinds of damages. General damages are the primary head of claim and are awarded to compensate for the pain and suffering that you have suffered due to your injury. 

The amount of compensation will vary depending on factors such as:

  • How severe the injury was
  • The impact on your quality of life
  • The extent of any treatment you need
  • Your injury’s prognosis

Below we have included a compensation table. It includes figures taken from the Judicial College Guidelines (JCG), which is a tool that legal professionals use to assist them when valuing claims. These figures should not be taken as guarantees. 

Compensation Table

Very Severe Brain Injury£282,010 to £403,990No language function, need for full time care, double incontinence, potentially some ability to follow basic commands. The injured person is very seriously disabled.
Moderate Brain Injury (iii)£43,060 to £90,720Concentration and memory affected, small risk of epilepsy and ability to work reduced.
Paraplegia£219,070 to £284,260Paralysis of the lower body. Extent of pain, degree of dependence, depression, life expectancy and sexual function will all be considered when valuing a claim.
Severe Back injury (i)£91,090 to £160,980Damage to the spinal cord resulting in a combination of serious consequences. This could include impaired bowel function or severe pain and disability.
Leg Amputations (iii)£104,830 to £137,470The loss of one leg above the knee. Award will depend on phantom pains, psychological problems, prosthetic problems and any side effects such as back pain.
Loss of One Arm (ii)£109,650 to £130,930Above-elbow amputation. Amount dependent on factors such as the level of amputation and whether this poses a difficulty in using a prosthetic.
Severe Injuries to Hip/Pelvis (ii)£61,910 to £78,400Fracture dislocation of the pelvis resulting in distinguishing features that take the injuries above a lower bracket, such as impotence.
Wrist Injuries (b)£24,500 to £39,170Some useful movement persists despite an ongoing significant permanent disability.
Less Severe Elbow Injuries£15,650 to £32,010Impaired function that doesn't require major surgery and doesn't significantly disable the injured person.
Serious Shoulder Injury£12,770 to £19,200Damage to the brachial plexus from dislocation causing neck and shoulder pain.

Special Damages When Making Pedestrian Claims

You may also receive another potential head of claim, called special damages. This accounts for the financial losses incurred as a result of the accident in which you were injured.

Some examples of costs that could be covered by special damages include:

  • Travel costs.
  • Medical expenses.
  • Loss of income (including future loss of income)

If you want a more specific assessment of what your claim could be worth, contact us for free. One of our advisors could listen to the specific details of your case and give you an idea of how much your claim could be worth. 

Make A No Win No Fee Pedestrian Accident Claim Using Our Panel Of Solicitors

Working with a No Win No Fee solicitor could be advantageous to you in making a claim. Their experience and expertise could help the process run more smoothly than it otherwise would. 

The No Win No Fee solicitors from our panel could offer a Conditional Fee Agreement (CFA). This kind of No Win No Fee agreement means you will not be charged any upfront or ongoing legal costs for your solicitor’s services.

Not only that, but you will only make a payment to your solicitor in the event of a successful claim; their payment will be a success fee, which they will deduct from your settlement 

The success fee will be a minor percentage of your compensation and is legally capped by The Conditional Fee Agreements Order 2013, meaning you won’t be overcharged. There’s nothing to pay for the work your lawyer has done if your claim isn’t a success. 

Contact Us

If you have been injured as a pedestrian hit by a car, you can contact us for free using the details provided below. Our advisors can offer free advice and may be able to put you in touch with a solicitor from our panel. 

You can:

Learn More About Making A Pedestrian Hit By A Car Claim

Finally, we will offer some extra resources related to a pedestrian hit by a car claim.

Here are some more of our guides:

Further external resources:

Writer Matthew Wong

Publisher Fern Spall