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A dog sits on a road flanked by parked cars, its owner not in the picture. Illustrating a pedestrian injury compensation claim.


Pedestrian Injury Compensation Claim – The Process

If you're injured as a pedestrian, can you make a compensation claim? If so, who is at fault, what steps should you take and how long do you have to make a claim?

If you have been injured as a pedestrian, then you may be suffering from both physical and psychological damage due to the traumatic experience. Unfortunately, pedestrians are particularly vulnerable when travelling along roads, even when all steps are taken to ensure their own safety. To make a successful pedestrian injury compensation claim, you must be able to prove that your injuries were caused by someone else’s wrongdoing or negligence.

Starting a claim can be very daunting, but our panel of expert personal injury lawyers at Major Trauma Group are on hand to assist you every step of the way. Our panel have ample experience in dealing with pedestrian injury compensation claims and always endeavour to secure the best settlement possible for our client’s pain and suffering.

In addition to securing compensation for your injuries, we will also ensure that you obtain the best possible post-discharge rehabilitation treatment and support to help you get your life back on track.

If you would like to speak with a member of the team to discuss the viability of your claim, then please get in touch with us using the enquiry form below.

Common causes of pedestrian accidents

Pedestrian accidents are typically caused by road users who are distracted or driving recklessly. Though there are many causes of a pedestrian being hit by a vehicle, some of the more common examples we see include:

  • Driver negligence: Many pedestrian incidents occur due to driver negligence, such as distracted driving (texting, talking on the phone, eating), speeding, jumping red lights, drunk driving, or failing to yield the right of way to pedestrians.
  • Failure to observe the Highway Code: Drivers who fail to follow the Highway Code, including failure to stop for pedestrians at zebra crossings can be held responsible for pedestrian accidents.
  • Poor road conditions: Hazardous road conditions, such as inadequate lighting, lack of pedestrian signals, poorly marked crossings, or uneven pavements, can contribute to pedestrian accidents. In such cases, the authority responsible for maintaining the road or infrastructure may be held liable.
  • Intoxication: Pedestrian accidents involving intoxicated drivers or pedestrians are unfortunately common. Both impaired drivers and pedestrians have diminished reaction times and may not be aware of their surroundings, leading to accidents.
  • Vehicle defects: Defective vehicle parts, such as faulty brakes or malfunctioning headlights, can contribute to pedestrian accidents. In such cases, the manufacturer or distributor of the car parts may be held responsible.
  • Construction areas: Pedestrian accidents can occur near construction areas due to unsafe conditions, lack of proper signage or barriers, or negligent actions by construction workers or contractors.
  • Pedestrian negligence: Whilst pedestrians generally have the right of way, they can still be partially responsible for accidents if they behave negligently. This can include walking in the middle of the road, crossing against the signal, or being distracted while crossing the street.
A dog sits on a road flanked by parked cars, its owner not in the picture. Illustrating a pedestrian injury compensation claim.
A dog sits on a road flanked by cars, its owner not in the picture. Illustrating a pedestrian injury compensation claim.
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This list is not exhaustive of all causes of pedestrian accidents, but some of the more common instances we see. If you have been injured and are looking for more information on making a claim, then please get in touch with our team of personal injury solicitors today.

What are some common pedestrian injuries?

If you have been injured in a pedestrian accident, then it is important that you have your injuries assessed as soon as possible, even if you feel well, as there are some injuries which may not be immediately apparent. Sadly, many pedestrian accidents can also end with fatal injuries due to the high-impact nature of being hit by a car.

Some of the more common injuries suffered by our claimants include:

  • Fractures and broken bones: Pedestrians can suffer fractures and broken bones, such as broken arms, legs, hips, or ribs when struck by a vehicle or falling during the accident.
  • Head injuries: Pedestrians are particularly vulnerable to head injuries, including concussions, traumatic brain injuries (TBI), skull fractures, and contusions. These injuries can occur when the pedestrian’s head strikes the ground, a vehicle, or other objects.
  • Spinal cord injuries: The impact of a pedestrian accident can cause spinal cord injuries, which may result in temporary or permanent paralysis, loss of sensation, or loss of motor function. These injuries can have a significant impact on a person’s mobility and quality of life.
  • Soft tissue injuries: Pedestrians may suffer from various soft tissue injuries, such as sprains, strains, bruises, and lacerations. These injuries can range from minor to severe, depending on the force of impact and the body area affected.
  • Internal injuries: Pedestrian accidents can cause internal injuries, such as organ damage, internal bleeding, or ruptured blood vessels. These injuries may not be immediately visible but can be life-threatening if not promptly diagnosed and treated.
  • Psychological trauma: Being involved in a pedestrian accident can result in significant psychological trauma, including post-traumatic stress disorder (PTSD), anxiety, depression, and emotional distress. The emotional impact of such accidents should not be overlooked, as they can have long-lasting effects on the victim’s well-being.

When do most pedestrian accidents occur?

Weather conditions and visibility play significant roles in how often pedestrian accidents occur. Understandably, accidents are more common at night due to lack of visibility, plus road users may be less likely to spot such hazards in time. This can also be more of an issue during winter when daylight hours are much shorter, and more people are out walking after school and work.

Time of the day, such as rush hour and school hours, can also increase the likelihood of pedestrian accidents occurring; drivers must exercise more caution when there is heavy traffic, increased congestion on the roads and near school drop-off and pick-up zones.

Who is at fault in a pedestrian accident?

The determination of fault typically involves a thorough investigation of the accident, gathering evidence such as witness statements, CCTV footage, police reports, and expert opinions.

In most cases, drivers are at fault for causing pedestrian accidents, as the responsibility falls to the driver to exercise reasonable care. If a driver acts negligently, such as speeding, jumping a red light, failing to yield the right of way, or driving distracted or under the influence of drugs or alcohol, they are likely to be considered at fault for the road traffic accident.

Though pedestrians generally have the right of way in most circumstances, there are instances in which they can be negligent, such as walking out into the road while distracted or ignoring traffic signals. In these cases, it can become more complicated to prove fault, but our team of personal injury lawyers are experienced enough to provide expert legal advice on whether we think your claim has merit.

What should you do if you are a pedestrian that has been involved in an accident?

If you are a pedestrian that has been involved in a car or bus accident or even a hit and run, you may need clarification as to what steps to take in the first instance.

The first thing you should always do is seek medical attention for your injuries and report the accident to the relevant authorities.

It would help if you also tried to take the details of anyone else involved in the accident, including insurance information and phone numbers, to contact them. Witness statements are also instrumental too, as they can be helpful during the claims process when trying to prove fault.

When you feel you are ready to start the claims process, then our team will be here to help. Please do not hesitate to get in touch with us to discuss your claim today.

How much compensation could you receive from a pedestrian injury compensation claim?

A pedestrian accident compensation claim can vary in value depending on the circumstances and severity of the injuries sustained. Generally speaking, the more severe an injury, the higher the amount of compensation awarded.

Personal injury solicitors break down compensation awards into two categories:

General damages: General damages typically refer to the pain and suffering and loss of amenity that has been inflicted by your injuries.

Special damages: Special damages refer to any additional costs you have incurred as a result of your injuries, such as loss of earnings, travel expenses, NHS prescription costs and any private medical treatment you may have had to pay for.

How long do you have to make a pedestrian injury claim?

In England and Wales, the time limit for making a personal injury claim is generally three years from the date of the accident or from the date you became aware of your injury. This is known as the “limitation period.”

However, there are some exceptions and variations to this general rule. Such as, if the injured person is under the age of 18, the three-year limitation period begins when they turn 18. So, they typically have until their 21st birthday to make a claim. A parent or guardian can bring a claim on their behalf before they reach 18 if they so wish.

In personal injury claims relating to accidents on planes, ships, and CICA claims, the time limit is two years.

Additionally, if the injured person lacks mental capacity at the time of the accident or afterwards, there is no time limit to make a claim. The limitation period would only begin if they regain mental capacity.

How can Major Trauma Group help with your pedestrian injury compensation claim?

If you are looking for more information on making a pedestrian injury compensation claim, then our panel of personal injury lawyers at Major Trauma Group are on hand to assist you with your queries.

We offer our services on a no win no, fee basis, meaning you do not need to worry about the costs of instigating a claim.

If you would like a free, no obligation chat with a specialist serious injury solicitor, contact us via telephone at 0330 311 2578, email or access live chat on our website during office hours.

Struggling after injury?
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Struggling after injury?
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Who are the serious injury solicitors of Major Trauma Group, and how can they help me?

Who are the serious injury solicitors of Major Trauma Group, and how can they help me?

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