Can I Make A Personal Injury Claim As A Pedestrian Hit By A Car?

This guide outlines when you could have valid grounds to begin a personal injury claim as a pedestrian hit by a car. We begin by looking at the eligibility criteria to claim pedestrian accident compensation and the time limits that must be adhered to when beginning legal proceedings.

personal injury claim pedestrian hit by car

Can I Make A Personal Injury Claim As A Pedestrian Hit By A Car?

Additionally, we discuss the duty of care road users owe one another and provide examples of how a breach of this duty could lead to accidents involving pedestrians.

Later, we explore how evidence could be useful in supporting your pedestrian accident claim and what types you may benefit from gathering.

Furthermore, this guide examines how your case could be assigned a value, including what your settlement could include if your personal injury claim is successful.

To conclude, we look at the advantages of making a personal injury claim with a solicitor operating on a No Win No Fee basis.

For a free consultation and to find out the validity of your personal injury claim, contact our team of advisors today. You can do so by:

Browse Our Guide

  1. Can I Make A Personal Injury Claim As A Pedestrian Hit By A Car?
  2. Examples Of How A Pedestrian Could Be Hit By A Car
  3. Evidence That Can Help Make Pedestrian Claims
  4. What Compensation Could I Receive For A Successful Road Traffic Accident Claim?
  5. Make A No Win No Fee Personal Injury Claim As A Pedestrian Hit By A Car
  6. Learn More About Making Pedestrian Accident Claims

Can I Make A Personal Injury Claim As A Pedestrian Hit By A Car?

To be eligible to start a personal injury claim as a pedestrian hit by a car, you must  ensure you have evidence that you meet the eligibility criteria:

  • A duty of care was owed to you.
  • A breach of this duty occurred.
  • You suffered an injury as a result of the breach.

All road users, including car drivers, owe a duty of care to navigate the roads in a way that prevents injury and damage to themselves and others. Adhering to the Road Traffic Act 1988 and the Highway Code ensures road users uphold this duty.

As per Rule 204 of the Highway Code, the road users most at risk from road traffic include pedestrians, particularly children, older adults and disabled people. The rule also states that those road users who have the potential to cause the greatest harm, have the greatest responsibility to reduce the threat or danger they pose to others. This applies to any interaction between road users, including drivers of cars and pedestrians.

If you have evidence that there has been a failure on the part of the driver or other road user, and this caused you to sustain an injury as a result, you may be eligible to seek personal injury compensation.

Is There A Road Traffic Accident Claim Time Limit?

In order to begin a personal injury claim, in addition to the eligibility criteria you must satisfy, you must adhere to the time limits. Under the Limitation Act 1980, you generally have three years to begin a personal injury claim from the date of your accident. However, there are exceptions to this rule.

For more information on the eligibility criteria and to discuss how long you have to seek personal injury compensation, call our team on the number above.

Examples Of How A Pedestrian Could Be Hit By A Car

There are several ways in which a pedestrian could be hit by a car resulting in them sustaining harm. For example:

  • A driver may fail to stop as you are using a pedestrian crossing. As a result, they hit you, and you suffer a head injury.
  • A drunk driver could suddenly swerve onto the pavement, knocking you over and causing you to sustain several serious injuries, including spinal damage leading to paralysis, a broken jaw, and fractured arm.
  • A driver could fail to check their mirrors as they reverse out of their driveway. This leads to them hitting you as you are walking along the pavement, causing you to sustain a knee injury and quadriplegia.

Contact our advisors to discuss your specific case and to find out if you’re eligible to claim personal injury compensation.

Evidence That Can Help Make Pedestrian Claims

Evidence can help demonstrate that a driver breached the duty of care they owed you, and that this caused you harm as a result. Examples of the pieces of evidence you could gather include:

  • CCTV footage of the accident. 
  • Medical records, including copies of scan results and other test results.
  • Photographs of your injuries.
  • Diary records of your symptoms and treatments.
  • Witness contact details so that a statement can be taken at a later date.

If you are eligible to make a personal injury claim as a pedestrian hit by a car and you wish to seek legal representation, you could benefit from working with a solicitor from our panel. They have experience handling pedestrian accident claims and could assist you with collecting evidence and building your case. Find out more about the services they could offer by calling an advisor on the number above.

What Compensation Could I Receive For A Successful Road Traffic Accident Claim?

If you make a successful personal injury claim as a pedestrian hit by a car, you could receive a settlement containing up to two heads of claim. The first is general damages, compensating you for the pain and suffering you’ve experienced because of your injuries. The compensation you’re awarded can vary, accounting for several factors like:

  • How severe your injuries are
  • How long it takes you to recover
  • The long-term impact on your quality of life

A document called the Judicial College Guidelines (JCG) can be used by solicitors and other legal professionals to help them work out how much your personal injury claim could be worth. The JCG contains guideline award brackets which correspond with different types of injuries.

You can find some of the figures, extracted from the JCG, in the table below. Please note since all cases are different, the figures are not guaranteed.

Compensation Table

InjurySeverityCompensation GuidelinesNotes
ParalysisTetraplegia£324,600 to £403,990Paralysis of the upper and lower limbs.
Paraplegia£219,070 to £284,260Paralysis of the lower limbs.
BrainModerately Severe£219,070 to £282,010Injured person left very seriously disabled, with a substantial dependence on others and the need for constant care.
Moderate (ii)£90,720 to £150,110Intellectual deficit which is moderate to modest in nature, with the ability to work largely reduced or removed. There is also a risk of epilepsy.
BackSevere (i)£91,090 to £160,980Damage to the nerve roots and spinal cord.
Arm AmputationLoss Of One Arm (i)Not less than £137,160One arm is amputated at shoulder level.
KneeSevere (i)£69,730 to £96,210Serious injury to the knee with disruption of the joint. This leads to, for example, a lengthy treatment, considerable pain and loss of function.
Moderate (i)£14,840 to £26,190Dislocations, torn cartilage or meniscus. This results in mild future disability.
LegSevere (ii)£54,830 to £87,890Very serious injuries leading to permanent mobility problems.
Less Serious (i)£17,960 to £27,760Incomplete recovery from fractures or serious soft tissue injuries.

Claiming For Financial Losses In A Pedestrian Accident Claim

The second head of claim you could be awarded is called special damages. Special damages compensate you for any reasonable losses you’ve incurred due to your injuries, both in the past and future. It is helpful to keep any evidence you have of your losses so that you are fully compensated for them.

Examples of evidence you may want to provide and the losses for which you could seek reimbursement include:

  • Payslips which can outline any lost income you incurred due to being unable to work while recovering from your injuries.
  • Receipts which could highlight any medical expenses, such as prescriptions you have had to pay for.
  • Travel tickets which can show you have had to pay for public transport whilst being unable to drive because of your injuries.

If you would like a free, personalised estimate of what you could receive in road traffic accident compensation following a successful claim, please contact an advisor on the number above.

Make A No Win No Fee Personal Injury Claim As A Pedestrian Hit By A Car

If you have valid grounds to pursue personal injury compensation and you wish to seek legal representation, you could benefit from working with a No Win No Fee solicitor from our panel. They offer their services under the terms of a Conditional Fee Agreement which is a particular kind of No Win No Fee arrangement allowing you the following benefits:

This type of agreement offers the following benefits:

  • No costs to pay as your claim begins or as it proceeds.
  • If your claim is unsuccessful, you don’t have to pay for the services you have been provided by your solicitor.
  • If your claim is successful, your solicitor will take a percentage of your compensation, which is legally capped, as their success fee.

To find out whether you could be eligible to make a personal injury claim as a pedestrian hit by a car with a solicitor from our panel, please contact our team of advisors. You can do so by:

Learn More About Making Pedestrian Accident Claims

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Thank you for reading our helpful guide on when you could be eligible to make a personal injury claim as a pedestrian hit by a car. If you have any other questions, please contact an advisor on the number above.

Writer Will Grey

Editor Meg McConnell