Road Traffic Accidents – Injured Pedestrian Compensation Claims

By Ian Morris | Updated March 21st, 2024

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Quick Answer: Pedestrians who have been injured in road traffic accident in the UK are eligible to make a compensation claim to seek financial redress for their injuries and losses.

Key Takeaways:

To be eligible for a pedestrian accident claim, you must prove that you were not at fault and your injuries are serious enough to warrant compensation.
Compensation for pedestrian accidents typically covers your injuries, as well as special damages like loss of earnings and medical expenses.
There is a standard three-year time limit to make a compensation claim unless you were under 18 at the time of the accident.
Consult a specialist solicitor experienced in pedestrian accident claims as soon as possible to understand your rights and legal options.

Pedestrian accidents can have devastating consequences, leaving victims with physical injuries, emotional trauma, and financial burdens. The aftermath of such accidents can be overwhelming, with victims facing lost income and uncertainty about their rights. This comprehensive guide aims to provide clear insights into the compensation claim process, eligibility criteria, financial aspects, expert tips for success, and answers to common queries.

Am I Eligible to Make a Pedestrian Injury Claim?

To determine eligibility for making a pedestrian accident compensation claim in the UK, you have to meet specific criteria. Here are the key points to consider:

Duty of Care: All road users owe each other a duty of care to navigate in a manner that prevents harm and injury.
Breach of Duty: To proceed with a compensation claim, it must be demonstrated that the duty of care owed was breached. This breach could result from various negligent actions, such as driving without attention, drunk driving, speeding, or other forms of negligence.
Injuries Caused by Breach: It is essential to establish a direct link between the breach of duty and the injuries sustained. Victims must provide evidence that their injuries were a direct result of the breach of duty by the responsible party.

Any pedestrian who has been injured in an accident involving a car, van, lorry, bus, motorcycle or any other road vehicle, can pursue a claim for compensation as long as they were not at fault for the incident. As with all claims, they must allege negligence (responsibility) against a 3rd party vehicle. It is not possible to claim compensation if the injured party is responsible for their own injuries.

Common scenarios leading to pedestrian road traffic accident compensation include:

A vehicle failing to stop at a pedestrian crossing
A vehicle mounting the pavement
A bus or coach knocking a tree branch onto a pedestrian.
Speeding accidents
Failing to drive with adequate due care and attention

In all cases of someone making a pedestrian accident compensation claim, they are doing so because they have been injured as a result of someone else’s mistake or negligence.

Time Limits for Making a Claim

In the UK, there is a standard three-year time limit within which individuals must file a pedestrian accident compensation claim. Certain circumstances, such as accidents involving children or hit-and-run incidents, may have exceptions to the standard time limit. For those under the age of 18, for example, the three-year clock starts ticking after they turn 18.

Child Pedestrian Accident Claims

Child pedestrians are among the most vulnerable road users, facing significant risks of injury in road traffic accidents.

Legal Representation: In the event of a child being injured in a road traffic accident, a compensation claim can be initiated by their litigation friend, often a parent or guardian. The litigation friend can commence claims on behalf of children before they reach 18 years of age.
Time Limit: Unlike adult claims with a standard three-year time limit, child pedestrian accident claims have an extended timeframe. Claims on behalf of children can be made up to their 21st birthday, allowing for a more extended period to initiate legal proceedings.
Complexity and Duration: Claims involving children may take longer to settle as the full extent of their injuries may not be immediately apparent. This extended timeline accounts for the potential long-term effects of injuries sustained during childhood.

Navigating child pedestrian accident claims requires specialised legal expertise and a thorough understanding of the unique considerations involved in representing minors in compensation claims arising from road traffic accidents.

Hit and Run Pedestrian Accident Claims

In cases where pedestrians are injured due to accidents involving vehicles, claims are typically directed towards the insurance company of the vehicles involved. However, in hit and run accidents the responsible driver is absent and this presents unique challenges for victims seeking compensation. Luckily, such claims can be made through the Motor Insurers’ Bureau (MIB). Here are key points to consider when dealing with hit and run pedestrian accident claims:

Legal Assistance: Victims of hit and run accidents should seek legal advice promptly to understand their rights and options for pursuing compensation.
Motor Insurers Bureau (MIB): In cases where the driver cannot be identified or is uninsured, victims may still be eligible for compensation through the MIB scheme.
Evidence Collection: Gathering any available details about the vehicle involved and the accident scene is crucial for supporting a hit and run claim.
Time Sensitivity: Due to the complexities of hit and run cases, it is advisable to initiate legal proceedings as soon as possible to maximise the chances of a successful claim.
Police Report: Reporting the hit and run incident to the police is essential for documenting the event and providing additional evidence for the claim.

Navigating a hit and run pedestrian accident claim requires diligence, legal expertise, and timely action to secure the compensation deserved, despite the challenges posed by the absence of the at-fault driver.

Financial Considerations in Pedestrian Accident Claims

When pursuing a pedestrian accident compensation claim in the UK, it’s essential to understand the financial aspects involved. Compensation may cover various elements, including:

Pain and Suffering: Compensation for the physical and emotional pain endured as a result of the accident and injuries sustained.
Loss of Earnings: Reimbursement for income lost due to inability to work during recovery or long-term impact on earning capacity.
Medical Expenses: Coverage for medical treatments, rehabilitation costs, and any future medical care required as a result of the accident.
Property Damage: Compensation for damage to your personal property in the accident.

Claiming for Psychological Trauma

Injured pedestrians can also claim psychological damages as part of their personal injury compensation. Therefore, it is vital that any person suffering with psychological trauma after the accident sees their GP and asks for a referral to a specialist. It is then possible to maximise the value of any settlement awarded to you as the 3rd party will not be able to dispute the medical evidence that supports your claim.

Compensation Amounts

The amount of compensation you may receive can vary based on factors such as the severity of your injuries, impact on your quality of life, and financial losses incurred. Once initial evidence has been collected you will be advised as to the likely level of compensation to expect.

Interim Payments and Financial Support During the Claims Process

Financial pressures can mount quickly after an accident that leaves you unable to earn your normal wage. Interim payments may be an option to alleviate immediate financial strain. These are partial payments made before the final settlement is agreed upon and can help cover:

Ongoing medical treatment
Living expenses
Rehabilitation costs

Specialist rehabilitation therapies

Once your pedestrian road traffic accident compensation claim is active and your specialist Direct2Compensation solicitor has been able to obtain an admission of liability, your claim will succeed. It is at this point, that your solicitor can look to obtain specialist rehabilitation therapy if it is deemed relevant to your injuries.

Any such treatments will be provided at the expense of the third party dealing with your claim and the cost will form part of the value of the total settlement. Further information on this will be available from your solicitor once your claim has been active for a sufficient amount of time.

The Cost of Legal Representation and No Win No Fee Agreements

Legal fees can be a significant concern for many claimants. However, ‘no win, no fee’ agreements offer a solution. These arrangements mean:

You pay no upfront legal fees.
Your solicitor gets paid only if the claim is successful.
If the claim fails, you won’t be liable for your solicitor’s fees.

At Direct2Compensation all accident compensation claims are made on a No Win No Fee basis, so you will never be charged if your claim does not succeed.

Essential Evidence for Pedestrian Accident Claims

Gathering and presenting compelling evidence is crucial when making a pedestrian accident compensation claim. Here are key pieces of evidence that can strengthen your claim:

Medical Records: Detailed medical records documenting your injuries, treatments, and prognosis are essential to substantiate the extent of harm caused by the accident.
Witness Statements: Statements from witnesses who saw the accident or can provide information about the circumstances leading to it can corroborate your account of the events.
Photographic Evidence: Photographs of the accident scene, your injuries, vehicle damage, road conditions, and any relevant signage can provide visual support for your claim.
Police Reports: Official police reports detailing the accident, statements from attending officers, and any citations issued can serve as valuable documentation.
Financial Documentation: Keep records of all financial losses incurred due to the accident, including medical bills, receipts for treatments, lost income statements, and other related expenses.
Accident Reconstruction Reports: In complex cases, accident reconstruction reports prepared by experts can help establish liability and clarify the sequence of events leading to the accident.

By compiling and preserving this evidence, you can strengthen your claim and increase the likelihood of a successful outcome.

The Claims Process

The process of seeking compensation for pedestrian accidents in the UK involves several crucial steps that victims need to navigate effectively. Understanding each stage of the claims process is essential for ensuring a successful outcome. Here is a detailed breakdown of the process:

Initial Consultation:
- Victims should seek legal advice from a solicitor specialising in personal injury claims.
- During the consultation, the solicitor will assess the details of the accident, injuries sustained, and potential liability.
Evidence Collection:
- Gathering evidence such as witness statements, medical records, photographs of the accident scene, and any other relevant documentation.
- Strong evidence is vital in supporting the claim and establishing liability.
Claim Submission:
- The solicitor will prepare and submit the compensation claim to the at-fault party’s insurance company or the Motor Insurers’ Bureau (MIB) in hit-and-run cases.
- The claim will outline the injuries suffered, financial losses incurred, and the basis for seeking compensation.
Negotiation and Settlement:
- The insurance company will review the claim and may enter into negotiations with the solicitor to reach a settlement.
- If a fair settlement cannot be reached, legal proceedings may be initiated to pursue compensation through court action.
Resolution:
- The claim will be resolved either through an agreed settlement or a court judgment.
- Once a resolution is reached, victims will receive compensation for their injuries and losses.

Understanding these steps and actively participating in the process can significantly impact the success of a pedestrian injury claim.

Frequently Asked Questions

How Direct2Compensation can help with your claim

As with all accidents, if you’ve been injured in a pedestrian road traffic accident, is important to make sure that the details of your accident have been recorded properly and with the right people. If you haven’t completed these steps already, we can help you to do so.

At Direct2Compensation, we know your rights and can help you to understand whether you are likely to be able to successfully claim compensation. With our easy to understand claims process and ability to handle your claim quickly, simply and transparently, there are many reasons that make us the right choice when it comes to starting your pedestrian accident compensation claim.

You can start your claim online or , and one of our expert team will be in touch to offer help. Alternatively, call us on 01225 430285.

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Comments & Questions

Read on for questions and advice about claiming, plus pedestrian injury claim examples...

A friend and I were involved in an RTA as a pedestrian during one of the storms in February. We were hit by a car who admitted that he did not see us due to the rain we subsequently hit the car and smashed the windscreen. Our first recollection of the incident was being brought round by the paramedics in the back of the ambulance. Our solicitor has taken the case on and everything seemed to be moving on. However, the police report has just come through that states I said to the police I stepped out. As a result, our solicitor has dropped our case. This is despite having no recollection of ever speaking to the police. The paramedics questioned both of us with basic questions as they believed we were concussed. Would this be a simple case of the police statement being enough to close the case?
Many thanks for your time in responding.

Without independent witness evidence, the negative implications of the Police report does put your claim at risk of being a write-off. Have you attempted to contact the Police to discuss their report and the potential inaccuracies within it?

I have been involved in an accident as a pedestrian leaving me with nasty bruises on the arm, back and ribs pain and broken big toe which makes me unable to walk, a car reversed hitting me on a one way street! Anyways I checked online what I need to do in this case and I have found a company that handles person injury claims, I have signed an agreement with them a week ago and after I found myself chasing them to know the next steps or who is my solicitor and I have been communicating via emails with a person that keeps requesting personal data about me without giving any reply to my questions! Also they asked me to call the police to ask details about the driver as I wasn’t able to take any as I have been in a state of shock and pain. The police officer gave me the reference number of the report which would offer all the details needed, reference number which I have already shared with the person that sends me the emails! Do you think this is normal to happen? How long a time does it take normally for the company to offer a clear understanding of what they are actually doing? Like if they granted me a solicitor yet or not?

Firstly, the agreement you have signed with the company in question should have a 14-day cooling off period, so if you have ANY doubts about them or their credibility, you should immediately cancel the instructions you have given them as you won’t face any penalty for doing so.

All personal injury compensation claims within the UK are subject to strict regulatory framework and all Claims Management Companies MUST be regulated and approved to operate by the Financial Conduct Authority (FCA). Solicitors must be registered with the Solicitors Regulatory Authority (SRA). You can search for the firm you are with via either the FCA or SRA websites to verify if they are legitimate or not.

Of course, we do not know if the firm you have signed up with are legitimate or not, but what we can say is that with our service, you would initially speak with one of our team to provide the initial information needed for your claim and would then be passed to a specialist personal injury Solicitor practice who sit on our panel of expert partner firms. A specialist Solicitor would then discuss your claim in detail with you over the phone before you were asked to sign the Conditional Fee Agreement (No Win No Fee) paperwork to formally instruct them to act. During the claims process – which as you can imagine, can take many months, you would have the direct contact details for the person handling your claim and you could make contact with them at appropriate times to discuss your case or seek an update.

From our perspective, all we would wish you to provide is an honest account of the incident and your injuries and any details you have – such as the Police reference or details of any witnesses.

If you would like us to take your case, please cancel the instructions to the company you have signed up with (but do check that you are within the 14-day cooling off period to avoid any penalty) and then call us on 01225430285.

Thank you very much for your reply and for the advice!
Today are 7 days since I have signed the agreement, therefore i am still on the safe side if I quit on them for the way they handle my case!
Also I will take into consideration your offer and I will think over it!
Once again, thank you, you are doing an amazing job!

Thank you for your kind feedback! Regarding your situation, do check in to the credibility of the firm you are signed up with and should you wish to change, you know where we are!

Hi. While i was working I was sent out to the car park to collect trollies from the bay and a car reversed into me at speed, hit me on my leg and pinned me against the trollies. I had to swivel while still pinned to punch the cars window to alert it that it had hit me, the car then sped away. This was seen by a lot of customers in the car park who asked if I was ok. I went into the building to tell management what happened and I was basically laughed at as it was said “this could only happen to you”. I was told CCTV didn’t cover the car park when I asked to check it to get the cars registration number. The incident was not recorded and I felt embarrassed about being laughed at. About 10 days later I tore my achilles tendon while in the gym and have now been off work for almost 14 weeks. My work have recently sent me a letter informing me they can sack me while I am off sick despite occ health saying i am not fit for work. My physiotherapist told me today the 2 incidents are directly linked and I should look into the option of pursuing an injury claim. What happens next? I am not sure how any of this works. Any advice would be extremely grateful.

Without knowing the details of the vehicle that caused your initial injury as it drove away, you cannot make a claim against the insurers of that vehicle. However, you could possibly make a claim via the Motor Insurers Bureau (MIB) via their untraced driver scheme. This is a scheme in place to enable the victims of hit and run incidents to claim compensation.

As you don’t appear to have reported this incident to the Police, you may need to obtain witness details or copy of an accident book report from your employer.

You can make a claim via the MIB with our specialist Solicitors, but you should also be aware that you can make a claim directly with them without representation via their website.

You can’t be sacked for having an accident at work if it wasn’t your fault.

I was reversed over by a Taxi. The driver was drunk. Luckily I escaped with minor injuries. Can I claim?

You describe an accident where negligence is clearly the cause. The taxi driver would be liable for your injuries and a claim is likely to be successful if pursued.

The main issue you would face under UK law would be whether or not your injuries are of a sufficient severity to warrant making a claim. UK personal injury compensation law requires that a claimant have injuries that exceed £1,000 in value (not including special damages) to be able to instruct a Solicitor to act for the on a No Win No Fee basis in a claim for personal injury compensation.

Hi i was standing waiting to cross the road standing on the pavement when a transit van mounted the pavement and ran right over my foot. I also hit my head and chin on the side of the van and received some bruising to my chin and cuts to both my hands. I received hospital treatment for my injuries, the tendons on my foot my were was badly swollen I now using crutches with difficulty and I’ve been told to rest it for 2-3 weeks so the swelling can go down.

The road traffic accident you mention sounds very nasty and given that you were a pedestrian injured by a van hitting you whilst on the pavement, I would anticipate that any claim you wished to make for compensation would have strong prospects of success.

If you have the details of the vehicle that hit you, our specialist Solicitors can run a standard No Win No Fee claim for you via the insurance portal and pursue the insurers of said van. If you do not know the details of the vehicle – if it was a hit and run for example – we can still assist with a No Win No Fee claim. This would however be pursued via the Motor Insurers Bureau uninsured or untraced driver claims scheme.

Your injuries sound painful and the value of your claim would certainly make it worthwhile you pursuing this further. You would pay nothing whatsoever should your claim fail and you’d stand to benefit from a considerable compensation settlement if you were to succeed.

I look forward to hearing from you.