This guide aims to answer the question ‘I was hit by a car as a pedestrian, what do I do?’. In some cases, it may be possible for you to begin a personal injury claim and seek compensation for the harm you suffered. However, there are a set of eligibility criteria that need to be met in order to do so. As you move through our guide, you can find information on these criteria, as well as how long you have to start legal proceedings, and the steps you could take to strengthen your case.
Additionally, we discuss the collective duty of care road users owe one another, and how an accident causing harm to a pedestrian could occur if this duty is not upheld.
Furthermore, we look at road traffic accident compensation settlements, such as what they can include and how they are calculated.
Lastly, our guide discuss the potential benefits of working with a No Win No Fee solicitor, and the services they could offer.
For more guidance on road traffic accident claims, please contact an advisor. To do so, you can:
Browse Our Guide
- What Do I Do If I Was Hit By A Car As A Pedestrian?
- Eligibility Criteria For Pedestrian Accident Claims
- When Could Car Driver Negligence Lead To A Pedestrian Accident Claim?
- How Much Compensation Could You Receive If You Were Hit By A Car As A Pedestrian?
- Make A No Win No Fee Pedestrian Accident Claim
- Learn More About Making A Pedestrian Claim Against A Driver
When answering the question “I was hit by a car as a pedestrian, what do I do?”, it is important to consider collecting evidence to show that you meet the eligibility criteria to begin a personal injury claim. As such, you may benefit from collecting the following:
- Dash cam or CCTV footage.
- Details of the vehicle involved in the accident, such as the registration plate.
- A diary, where you can record the effects of your injury.
- Copies of your medical records.
- Pictures of the accident site and your injury.
- Contact details of any possible witnesses.
- A police report, if applicable.
Our panel of solicitors can help you gather evidence to support your road traffic accident claim. This is one of the services they could offer, alongside building your case, and keeping you updated on the progress of your claim.
If you would like to consider instructing a solicitor from our panel to start working on your case, call an advisor on the number above.
In order to begin a personal injury claim for a pedestrian accident, you need to show the following:
- Another road user, such as a driver, owed a duty of care to you.
- They breached their duty of care.
- This breach caused an accident in which you sustained an injury.
These points form the basis of negligence in claims for a personal injury, which if proven could mean you’re eligible to seek compensation.
Road users should abide by the rules and regulations set out in The Road Traffic Act 1998 and The Highway Code to fulfil their duty of care which requires them to navigate the roads in a way that prevents harm or damage to themselves and others.
If you have evidence that a driver breached their duty of care, and this caused you to be hit by a car as a pedestrian resulting in you sustaining harm, you could be eligible to seek compensation.
There are several ways a driver could breach their duty of care, causing harm to a pedestrian. For example:
- The driver of a vehicle fails to check their mirrors while moving out of a parking space, so reverses into you. As a result, you could sustain a severe back injury.
- An intoxicated driver is unaware of their surroundings, so they drive onto the pedestrian footpath and hit you, causing you to suffer a serious head injury.
- A driver is going over the speed limit. They fail to stop at the red lights in time, thus hitting you as you cross the road resulting in your sustaining a traumatic amputation.
- A driver is distracted, looking down at their phone instead of the road. They fail to notice you walking on the pedestrian crossing and crash into you leading to you sustaining a skull fracture.
Injuries, such as brain damage, spinal cord damage and broken bones, could all be sustained after being hit by a car as a pedestrian. To find out whether you could seek compensation for the way you have been affected by the accident in which you sustained harm, call an advisor on the number above.
A personal injury settlement awarded after a successful pedestrian accident claim could consist of two heads of claim. These are general and special damages.
General damages compensates you for the pain and suffering your injuries have caused you to experience. To value your injuries accurately, solicitors can look at your medical records and the Judicial College Guidelines (JCG) to help them.
The JCG is a document of guideline award brackets which correlate to various types of injuries. You can find some of these figures in the table we have provided below. Please ensure you only use these figures as a guide, however, because they are not a guarantee of what you will receive after a successful claim.
|Paralysis||Tetraplegia/Quadriplegia (a)||£324,600 to £403,990||Paralysis of the lower and upper limbs.|
|Paraplegia (b)||£219,070 to £284,260||Paralysis of the lower limbs.|
|Brain damage||Very severe (a)||£282,010 to £403,990||Full-time nursing care is required.|
|Moderately severe (b)||£219,070 to £282,010||A very serious cognitive or physical disability with the person becoming substantially dependent on others.|
|Moderate (c) (ii)||£90,720 to £150,110||Cases in which there is a deficit of intellect at a moderate to modest level, with a greatly reduced ability to work, and there is some risk of epilepsy.|
|Leg||Amputation (a) (ii)||£201,490 to £270,100||Amputation of both legs below the knee.|
|Amputation (a) (iii)||£104,830 to £137,470||One leg is amputated above the knee.|
|Arm Amputation||Loss of One Arm (b) (iii)||£96,160 to £109,650||One arm lost below the elbow.|
Claiming For Financial Losses After A Pedestrian Accident
Your settlement could also include special damages which compensates for the monetary expenses resulting from your injury. For example:
- Lost wages incurred due to requiring time off work due to your injury.
- The cost of necessary adaptations to your home, such as the installation of a stair lift or ramp.
- Care costs, such as for help around the home.
- Travel expenses, such as those incurred from taking public transport to and from the hospital.
- Medical costs, such as prescriptions.
It’s important to provide evidence of these losses, such as receipts, payslips, and travel tickets. As such, you should keep relevant documentation when seeking reimbursement of any monetary expenses.
For a free valuation of your potential claim, please contact an advisor on the number above.
If you have valid grounds to seek pedestrian accident compensation, we could connect you with one of the No Win No Fee solicitors from our panel. They may offer to provide their services you under a Conditional Fee Agreement (CFA).
The primary benefit of a CFA is that you will not owe any money to your solicitor for the work they provide at the following times:
- When your claim starts.
- As your claim is ongoing.
- If you have an unsuccessful claim.
Following a successful case, your solicitor can take a fee from your compensation. They take this as a percentage which does have a legal cap applied to it.
If you would like to learn more about claiming on a No Win No Fee basis with a solicitor from our panel, you can contact an advisor. They can also offer further guidance on the question ‘I was hit by a car as a pedestrian, what do I do?’.
To get in touch:
You can find more of our guides below:
- Learn about making a claim after a car accident with an uninsured driver.
- Find about what you should do in a hit and run car accident.
- Discover how to make a claim for tetraplegia.
You can find some helpful external resources below:
Thank you for reading our guide exploring what you could do after being hit by a car as a pedestrian. If you have any other questions, please contact an advisor on the number above.
Writer Jade March
Editor Meg McConnell