This guide will explore the process of making a personal injury claim for injuries you have sustained as a pedestrian. It will discuss the eligibility criteria that need to be met in order to proceed, the evidence you could gather to substantiate your case, and how much compensation for a pedestrian accident you may be entitled to if you make a successful claim.
The settlement you’re awarded will be dependent on many factors, including the severity and impact of your injuries on both your quality of life and your finances. We will look at how payouts are calculated and what settlements can comprise in this guide.
Furthermore, we discuss the responsibility road users have towards one another’s health, safety, and well-being. We also offer examples of how a pedestrian accident could happen and the injuries that could be suffered as a result.
Finally, we discuss the benefits of working with a No Win No Fee solicitor from our panel on your case and the services they could offer.
If you have any other questions whilst or after reading, please get in touch with an advisor. They offer free advice and may be able to connect you with a solicitor from our panel if you have an eligible road traffic accident claim. To reach them, you can:
Select A Section
- How Much Compensation For A Pedestrian Accident Could You Receive?
- Eligibility Criteria To Seek Compensation For A Pedestrian Accident
- How Could Driver Negligence Lead To A Pedestrian Accident?
- What Evidence Could Be Used In A Pedestrian Accident Claim?
- Can You Make A Road Accident Claim On A No Win No Fee Basis?
- Learn More About Making A Pedestrian Accident Claim Against A Driver
If you’ve suffered an injury in a pedestrian accident due to a driver’s negligent actions or inactions, you may be able to make a personal injury claim. However, how much compensation for a pedestrian accident you receive is dependent on several factors. For example:
- How severe your injuries are
- How long they take to recover
- The treatment you have received
- Your future prognosis
- The financial losses incurred as a result of your injuries
A personal injury settlement award can consist of up to two heads of claim which aim to address the different ways your injuries have affected you. The primary of which is referred to as general damages.
General damages account for the pain and suffering caused by your injuries, in addition to any loss of enjoyment and the impact on your quality of life that has occurred as a result. General damages also take into consideration the severity of your injuries, the treatment needed for them, and the recovery period.
Solicitors can use the Judicial College Guidelines (JCG) to help them calculate the value of your injuries. This document contains guideline compensation brackets that correlate to different injuries varying in severity. In addition to using the JCG, solicitors can also use medical records from an independent medical assessment to more accurately value your injuries.
|Injury Type||Severity||Description||Compensation Bracket|
|Brain Injury||Very Severe||The person needs nursing care on a full-time basis.||£282,010 to £403,990|
|Brain Injury||Moderately Severe||The person has a very serious disability and needs constant professional care.||£219,070 to £282,010|
|Paralysis||Quadriplegia||Paralysis of the upper and lower body.||£324,600 to £403,990|
|Paralysis||Paraplegia||Lower body paralysis.||£219,070 to £284,260|
|Leg Injury||Amputation (i)||The complete loss of both legs.||£240,790 to £282,010|
|Hand Injury||Total Or Effective Loss Of Both Hands||A serious injury causing both hands extensive damage and rendering them little more than useless.||£140,660 to £201,490|
|Back Injury||Severe (i)||Nerve root and spinal cord damage.||£91,090 to £160,980|
|Back Injury||Severe (iii)||Disc lesions and fractures as well as soft tissue injuries leading to chronic conditions.||£74,160 to £88,430|
|Neck Injury||Severe (i)||Incomplete paraplegia from associated neck injuries.||In the region of £148,330|
|Arm Injury||Permanent And Subsantial Disability||Serious fractures to one or both forearms.||£39,170 to £59,860|
Claiming Financial Losses After A Pedestrian Accident
Special damages is the second head of claim which accounts for any financial losses that may occur as a result of your injury. This includes any loss of earnings, travel expenses, and/or the cost of any renovations needed to make your home more accessible.
Evidence needs to be submitted to substantiate these losses, which can be collected in the form of receipts, payslips, and invoices.
For further guidance on how much compensation for a pedestrian accident could be awarded for a successful claim, call our team on the number above. They can offer a free valuation of your potential case.
Every road user has a duty of care to prevent one another from experiencing harm or damage while they use the roads. To uphold this duty, road users must adhere to the rules in The Road Traffic Act 1988 and The Highway Code.
If there has been a failure on the part of a road user to uphold their duty of care, and this has caused you to sustain an injury as a result, you might wonder whether you could claim compensation.
In order to make a personal injury claim for a pedestrian accident, you need to prove the following occurred:
- A road user, such as a driver or motorcyclist, owed a duty of care to you.
- They breached their duty of care.
- You experienced harm because of the breach of duty.
The three points above set out the definition of negligence in tort law. You must prove that negligence occurred in order to seek personal injury compensation for a pedestrian accident.
Below, we have provided some examples of how a pedestrian accident could occur.
- A drunk driver may have knocked you over while you were using a designated pedestrian crossing causing you to sustain a neck injury and spinal cord injury.
- A driver may have failed to check their mirrors causing them to reverse into you. As a result, you may have sustained a severe brain injury.
- You may have been knocked over by a motorcyclist after they failed to stop while you were on a zebra crossing. This may have caused you to sustain a broken back and knee injury.
To discuss your specific case, please contact an advisor on the number above. They can help you understand whether you’re eligible to begin a claim and answer the question ‘How much compensation for a pedestrian accident could I receive?’.
In order to prove a personal injury claim meets the eligibility criteria, you need to show that another road user didn’t adhere to their duty of care and that you suffered an injury as a result. Evidence is vital to creating a strong pedestrian accident claim as it can demonstrate that your case is valid. There are several types of evidence that can be used to assist with your case. For example:
- CCTV footage or dash cam footage of the accident.
- Photographs of the accident site and your injury.
- Copies of your medical records to highlight any medical care that you’ve received as a result of your injury. This can include things such as X-ray scans, blood test results, or doctor reports.
- A diary that illustrates your physical and mental state after the accident.
- Contact details of witnesses who can provide an account of the accident and how it occurred.
A solicitor from our panel could help gather and present the evidence needed to make your pedestrian accident claim, provided it’s valid. You can check the validity of your case by calling an advisor on the number above. They offer a free no-obligation case assessment and if they find you have valid grounds to proceed, they could connect you with an experienced road traffic accident solicitor from our panel. Find out more today by getting in touch.
If you choose to work with a solicitor from our panel, they could offer you a No Win No Fee agreement. Whilst there are different types, the one they offer their services under is known as a Conditional Fee Agreement. This typically means that no fees are required for the solicitor’s work upfront, while the claim progresses, or if the claim fails.
If the claim has a successful outcome, your solicitor will take a percentage of your compensation as their success fee. This percentage has a legal cap allowing you to keep the majority of your settlement.
Find out whether you could work with a solicitor from our panel on a No Win No Fee basis by contacting an advisor today. They can provide more information on the services the solicitors offer, as well as further guidance on how much compensation for a pedestrian accident you could receive.
To reach them, you can:
Below, you can find more of our guides discussing personal injury claims:
- If you have experienced a serious injury and want to make a claim, you might find our guide on how to find serious injury solicitors helpful.
- Find out what you could do if you were hit by a car as a pedestrian and sustained an injury.
- Learn if you could make a personal injury claim following an accident on a train in which you became injured.
We have also included some external resources that you might find helpful:
- Information on statutory sick pay from GOV.UK.
- Guidance on when to call 999 from NHS.
- Helpful information on road safety laws from Think!
Thank you for reading this helpful guide on how much compensation for a pedestrian accident you could receive. If you have any other questions, call an advisor on the number above.