The aim of this guide is to explain when you could be eligible to make a pedestrian claim against a driver following a road traffic accident. As you read on, you will find information on the eligibility requirements that need to be met in order to make a personal injury claim and the evidence you could gather to support your case.
Additionally, we discuss the duty of care road users owe each other as well as the rules they must abide by in order to uphold this duty. You can also find examples of how a pedestrian could be injured in an accident with a driver following a breach of duty.
We also look at how compensation is calculated for road traffic accident claims and what each settlement could comprise if the case is a success.
Finally, we discuss how a claim can be started with the help of a personal injury solicitor, and the benefits of working with them under the terms of a No Win No Fee agreement.
For further guidance on starting a potential pedestrian accident claim, please contact an advisor. To do so, you can:
Jump To A Section
- Eligibility Criteria When Making A Pedestrian Claim Against A Driver
- How Could A Pedestrian Be Injured In An Accident With A Driver?
- Potential Compensation From Pedestrian Claims
- What Can Help You Make A Pedestrian Claim Against A Driver?
- Make A No Win No Fee Pedestrian Accident Claim
- Read More About Pedestrian Accident Claims
In order to make a personal injury claim, there are eligibility criteria that need to be fulfilled:
- The driver owed you a duty of care.
- They breached this duty.
- You sustained physical and/or psychological injuries as a result of the breach.
The duty of care that road users owe is to avoid causing injury or damage to one another. In order to uphold this duty, they must adhere to the rules and regulations laid out in the Road Traffic Act 1988 and The Highway Code.
It may be possible for you to make a pedestrian claim against a driver if you can prove they breached their duty of care, and this led to you becoming injured. To discuss your specific circumstances and find out whether you could have valid grounds to proceed with your case, call an advisor on the number above.
There are several ways a pedestrian accident involving a driver could occur. As per Rule 204, pedestrians are considered a vulnerable road user, requiring extra care. It also states that those with the greatest potential to cause harm have the biggest responsibility to reduce the risk they pose to others. A failure to do so could potentially lead to the accidents such as:
- A drunk driver may swerve onto the pavement and knock you over causing you to sustain a severe head injury and back injury.
- A car accident involving a pedestrian at a zebra crossing could occur if a driver fails to stop while you’re using the crossing.
Find out if you could be eligible to make a pedestrian claim against a driver by calling on the number above today.
After a successful pedestrian claim against a driver, you could be awarded a payout comprising general damages and special damages. General damages, the first head of loss, is awarded to compensate for the pain and suffering you have experienced due to your injuries, both physical and emotional.
To value injuries, legal professionals refer to a document called the Judicial College Guidelines. This publication lists various guideline award brackets alongside different injuries all varying in severity. You can find a selection of these figures in the table below. However, please only use them as a guide because settlements can vary.
Guideline Award Brackets
|Area of Injury||How Severe?||Award Brackets||Notes|
|Head||(c) Moderate (i)||£150,110 to £219,070||Cases that include moderate up to severe intellectual deficit and an impact on sight, senses and personality.|
|Arm||(a) Severe Injuries||£96,160 to £130,930||Injuries not quite as serious as amputation but which leave the victim similarly disadvantaged.|
|Knee||(a) Severe (ii)||£52,120 to £69,730||Leg fractures that reach down into the knee joint causing constant pain and drastically limiting mobility.|
|Leg||(b) Severe (iii) Serious||£39,200 to £54,830||Serious cases of compound or comminuted fractures as well as ligament injuries that require prolonged periods of treatment.|
|Back||(a) Severe (iii)||£38,780 to £69,730||Cases where disc lesions or fractures of discs and vertebral bodies (including soft tissue injuries) give rise to disability such as continuous pain and impaired agility.|
|Ankle||(b) Severe||£31,310 to £50,060||Injuries that demand a prolonged period in plaster or require the insertion of steel surgical pins. Leaves an instability and limited ability to walk.|
|Pelvis||(b) Moderate (i)||£26,590 to £39,170||Significant injuries to the pelvic area but any permanent disability is not classed as major and future risk of disability is not great.|
|Foot||(e) Serious||£24,990 to £39,200||This bracket assesses continued pain from traumatic arthritis and as well as the future risk of prolonged treatment or surgery.|
|Neck||(b) Moderate (i)||£24,990 to £38,490||Injuries which include fractures and dislocations which cause create immediate symptoms and may require spinal fusion surgery.|
|Shoulder||(c) Moderate||£7,890 to £12,770||Frozen shoulder issues that cause limited movement and considerable discomfort. Symptoms which persist for approximately 2 years.|
What Special Damages Can You Claim For?
Special damages, the second head of loss, aim to compensate the pedestrian for the financial losses caused by their injuries. For example:
- A loss of earnings
- Domestic care costs
- Travel expenses
- The costs attached to modifying your home or car
- Medical costs
Evidence, such as receipts, payslips and invoices, as well as travel tickets, could help prove any losses of a financial nature.
To further discuss how personal injury compensation settlements are calculated and receive a free valuation of your potential claim, please get in touch with an advisor on the number above.
There are certain pieces of evidence that can help support your personal injury claim. These include:
- CCTV and dash cam footage that shows the accident.
- Photos of your injuries or the scene of the accident.
- Witness contact details.
- Copies of medical evidence, such as X-rays or specialists reports.
If you have an eligible pedestrian claim against a driver and wish to seek legal representation, please contact an advisor to discuss working with one of the personal injury solicitors from our panel. They could help you collect evidence and present your case in full within the relevant time limit.
Is There A Pedestrian Accident Claim Time Limit?
There are some exceptions to this general time frame, however. If you would like to learn more about how long you have to initiate legal proceedings, call an advisor using the number above.
If you choose to make your pedestrian claim against a driver with a solicitor from our panel, they could offer you a type of No Win No Fee agreement. A typically provided version of this agreement is the Conditional Fee Agreement (CFA). Contracts such as these have various advantages. For example, typically:
- You do not need to pay any fees in advance for the solicitor to begin working on your case.
- No fees are required for the work completed as the claim moves ahead.
- No fees are required for the work done by your solicitor if the claim has a failed outcome.
- A claim that has a successful outcome will see a small percentage of the compensation deducted as the solicitor’s success fee. However, this is legally capped ensuring the bulk of the compensation goes directly to you.
Our advisors are available 24/7 to answer any questions you may have about seeking personal injury compensation or working with a No Win No Fee solicitor. To get in touch, you can:
You may also find the following guides helpful:
- Read our helpful guide on how to make a claim for a motorbike accident.
- Learn how to claim compensation for a pedestrian crossing accident.
- Find out if you could be eligible to make a personal injury claim following a bike and cycle accident.
Also, these external resources offer more reading:
Thank you for reading our guide on a pedestrian claim against a driver. If you have any other questions, please don’t hesitate to get in touch using the contact details provided above.
Writer Jeff Wallow
Editor Meg McConnell