If you’re a pedestrian injured in an accident which wasn’t your fault then you may be able to claim compensation. An accident involving a car, motorbike or cyclist could cause injuries which range from minor to life-changing, and compensation could help with the physical and psychological impact.

If you were injured in an accident which happened because another party acted negligently then you could be entitled to compensation for the pain and suffering involved as well as for any direct financial costs. The experts at Truth Legal have a track record of making successful pedestrian accident claims of this kind, and after a free initial consultation we’ll explain whether you have a strong case for compensation.

If you have then we’ll work with you to win the compensation that could help you to get your life back on track.

What is a pedestrian accident claim?

A pedestrian accident claim is a claim for compensation after an accident which happened to you while you were standing or walking because someone else acted negligently. When we handle a pedestrian accident claim we set out to build a case which proves the following:

• You were involved in an accident as a pedestrian
• The accident happened because another party – usually a road user such as a driver, motorcyclist or cyclist – behaved negligently
• As a direct result of the accident you suffered injuries which caused pain, distress and financial losses

While no amount of compensation can fully make up for the physical and psychological distress caused by a pedestrian accident, a successful claim could take some of the stress from the recovery process, as well as making sure that you aren’t left financially worse off.

If you are claiming compensation for injuries you have suffered, your claim will almost certainly be founded on the law of negligence.

To be successful in your negligence claim, generally you must show: that the party you are claiming from had some sort of legal obligation to take care in relation to you (a duty of care); that they failed in this duty; and that their failure has caused your injuries.

Lawyers tend to break this down into several parts:

• The duty of care
• Breach of that duty of care
• Causation
• Damage

We’ll look at each of these in turn using some previously decided pedestrian accident cases to make things clearer.

Duty of care

Duties of care arise in all sorts of different situations. For example, doctors owe their patients a duty of care when advising and treating them, employers owe their workers a duty of care in the workplace (and sometimes beyond), and road-users owe a duty of care to each other, including pedestrians.

As a general rule, when someone is in a position where their conduct could cause harm to others, and that harm is reasonably foreseeable, a duty of care is imposed to represent and legalise this responsibility.

If you are a pedestrian you are classed as a road-user. Other road-users, such as motorists, cyclists, motorcyclists etc. must take reasonable care to ensure that their conduct does not jeopardise your safety. Likewise, you will owe a duty of care to other road-users. This means that your own conduct at the time of the accident can be relevant in your claim. Suddenly stepping out in front of a car, for example, is something which would put the car’s occupants at risk.

In some negligence cases, establishing that a duty of care exists is a significant obstacle. However, with a pedestrian accident claim it is extremely unlikely to be an issue – your claim is likely to be directed against another road-user and it is well-established that road-users owe duties of care to one another.

Breach of the duty of care

If someone’s conduct falls below the standard required by their duty of care, they are said to have breached their duty of care.

For the average motorist, the standard they must meet is that of the reasonably competent driver. If they have done something which a normal, reasonably competent driver would not have done – such as driving across a pedestrian crossing when a red light is showing – they can be considered to have breached their duty of care. Equally, if they have not done something which a reasonably competent driver would have done, they might also have breached their duty of care. For example, they might have turned into a side road without properly checking that the way was clear.

Causation

Causation looks at how your injuries, and any other losses, have been caused. To successfully claim compensation for them, your injuries and losses must have been caused by the other party’s breach of their duty of care.

So, for example, if you were injured by a car, which drove through a red light and hit you as you walked across a pedestrian crossing, the driver’s breach (in proceeding through a red light) would have directly caused your injuries.

Damage

This final element looks at the harm you have suffered – your injuries and other losses – and considers whether it is reasonable for the other party to compensate you for them. Causation plays a part in this – as only damage caused by the accident can be claimed for – but it also involves assessing the extent of your losses.

Is there a time limit on a pedestrian accident claim?

Yes, there is a time limit on a pedestrian accident claim. In the majority of cases any compensation claim has to be started at court within 3 years of the date on which the accident happened. After this time you will no longer be eligible to make a compensation claim.

Exceptions to this rule include the following:

• You were under 18 at the time of the pedestrian accident. In this case the 3 year limit will run from the date of your 18^th
• You were mentally incapacitated during the 3 year period in a way which meant you were unable to start a claim. In this case the 3 year limit will run from the date on which you regain the capacity to start a claim.
• If the person who was injured dies before the expiry of the original 3 year period above, then generally the 3 year limitation period starts from the date of death for a claim to be made on behalf of the deceased’s estate, and/or for a claim to be made by dependents of the deceased.

Despite the 3 year time limit being in place we would always recommend starting a pedestrian accident claim as soon as you are able to do so after an accident happens. This will ensure that the events are fresh in your memory and the memories of any witnesses.

How much could I receive for a pedestrian accident claim?

The amount of compensation you could receive for a pedestrian accident claim would range from a couple of thousand pounds after an accident which leaves you with minor injuries up to hundreds of thousands if your injuries are life changing and will require on-going care and medical support.

The final amount awarded will be based on:

• The pain and distress caused by your injuries
• The degree to which the injuries stop you enjoying life as you previously did
• The prognosis for any recovery
• Any money you lose or have to spend as a direct result of your injuries

The compensation for a pedestrian accident claim will be made up of general and special damages.

General Damages

General damages are intended to compensate you for the physical pain and distress caused by your injuries and the psychological impact they have. The more severe the injuries are, the more will be paid in the form of general damages.

The amount will be calculated with the help of a publication called the Judicial College Guidelines, a publication which sets out payment ranges for specific injury types. Figures included in the latest edition include:

• Moderate head injury resulting in brain damage – £52,550 – £267,34
• Minor facial injury to significant facial scarring – £2,080 to  £36,720
• Eye injury, causing loss of sight in one eye –  £60,130 – £80,210
• Minor hand, finger and thumb injury – Up to £5,800

The team at Truth Legal will be able to estimate the amount of general damages likely to be paid for your pedestrian accident claim once we have a full understanding of the nature and severity of your injuries.

Special Damages

Special damages are paid on the basis of the financial impact of a pedestrian accident. They are intended to return you to the financial position you would have been in if the pedestrian accident had never happened.

To do this they will include an amount to cover any earnings or pension provision lost due to the impact of the injuries on your ability to earn a living. Compensation can also be claimed for expenses directly caused by your injuries which include, but are not limited to:

• Current and on-going medical costs
• Current and on-going care costs
• The costs of any special equipment needed as a result of your injuries
• The cost of any adaptations which have to be made to your home or vehicle as a result of your injuries
• An amount to cover the cost of care provided free of charge by family members or friends
• The costs of any therapy or counselling needed to cope with the psychological impact of your pedestrian accident
• The costs of travel to and from medical appointments relating to your injuries

Throughout the claims process the experts at Truth Legal will keep you fully informed of the range of expenses you can claim compensation for and the evidence need to show what you’ve had to spend as a result of your injuries. In all cases we will negotiate to secure a compensation payment that represents 100% of the amount you are entitled to.

Do you handle pedestrian accident claims on a no win no fee basis?

Yes, we work on a no win no fee basis when claiming compensation for a pedestrian accident. This means the following:

• You won’t have to pay anything up-front, or as we gather evidence, build your claim and negotiate with the other party
• We’ll only take payment if your claim is successful, and the success fee will never be more than 25% of the compensation awarded
• You won’t have to pay us anything until the compensation has actually reached you
• If you lose the claim, expenses such as the legal costs of the other party will be covered by insurance we take out on your behalf, known as After the Event (ATE) insurance

We work on a no win no fee basis so that anyone who has been injured because a road user was negligent can make a pedestrian accident claim on the basis of fairness, without having to worry  about legal fees, spiralling costs or hidden charges.

What should I do immediately following an accident?

In the immediate aftermath of a pedestrian accident your first priority should be seeking medical attention. As well as providing the treatment you need to deal with your injuries prompt medical attention will maximise the chances of any recovery, as well as creating an official record of the pedestrian accident and the injuries it caused.

There is a legal duty to report any pedestrian accident which causes injury to the police. The police report on the circumstances of your accident can then be used to support your compensation claim.

You should exchange contact details with the other people involved in your pedestrian accident, such as the driver of a car which hit you. Where relevant you should take insurance details from any other parties, although compensation can still be claimed in cases involving uninsured drivers.

If there are any witnesses to your pedestrian accident you should ask for their contact details. If possible, you should take photographs of the scene of the pedestrian accident, including the positions of any vehicles involved.

We understand that the nature and extent of your injuries mean that it may not always be possible to take all of the steps outlined above following a pedestrian accident. Rest assured the team at Truth Legal will be ready to gather the evidence needed if an initial consultation convinces us that you could be entitled to compensation.

Should I Make a Claim?

Compensation is intended to set right the harm you have suffered – as far as it is possible to do so. Money alone cannot undo all of the consequences of an accident, but it is often the only way to provide redress.

So often, sections of the media portray personal injury claims as ‘get rich quick’ schemes or as a way of getting money for nothing. But this simply isn’t true where someone has suffered genuine harm and is facing all kinds of negative consequences. Large compensation awards usually indicate that someone has suffered a great deal of harm – whether that harm is physical, psychological, financial, or a combination.

However, the unfortunate truth is that, even if you choose not to make a claim, you will still have to suffer the consequences of the accident. At least making a claim enables you to seek some measure of recompense for the injuries and losses you have sustained, and may even help your recovery with access to funds and treatment. It allows for some acknowledgement and correction of the injustice you have suffered.

What does the pedestrian accident claims process look like?

The first stage of any pedestrian accident claims process is to contact Truth Legal for a free initial consultation. We’ll listen to the details of your pedestrian accident and ask some questions before deciding whether we think you have a strong case for compensation.

We understand that taking legal action to claim compensation might seem daunting, particularly when you’re coming to terms with your injuries and focussing on making the fullest possible recovery. We keep things as simple and stress free as possible by breaking the claims process down into a series of individual steps:

• We’ll take a detailed personal statement, describing how the pedestrian accident happened and how it has impacted all parts of your life.
• We’ll gather the evidence to support your claim
• We’ll inform the other party that you intend to claim compensation. In the majority of pedestrian accident claims the other party then admits liability.

Our expertise in dispute resolution and the strength of the cases we build mean that very few of our pedestrian accident claims have to be settled in court.

• We’ll negotiate a fair compensation settlement. Although we like to settle cases as quickly as possible so clients are free to get on with their lives, we never settle for anything less than the full amount of compensation we know you are entitled to.
• In some cases final settlement may be delayed, particularly if there are complex care and medical issues to be resolved. If this happens we will apply for interim payments to cover on-going costs and aid the recovery process until a full final settlement is agreed.
• Those cases in which liability is denied or a fair settlement can’t be agreed will have to be settled in court. If this happens the team at Truth Legal will be by your side throughout, offering support and presenting your claim in the strongest possible terms.

What evidence will I need to support my pedestrian accident claim?

The evidence to support your pedestrian accident claim will show it happened due to negligence and caused the injuries you suffered. It will also highlight the impact those injuries have had on your life, and set out any financial issues caused.

When we work on a pedestrian accident claim it’s our job to collect as much of this evidence as possible on your behalf. This will include, but isn’t limited to:

• Your own detailed statement
• Statements taken from any witnesses to your pedestrian accident
• The details of any drivers involved or, where possible, the registration number of any vehicles involved
• The results of an independent medical evaluation, including the prognosis for any future recovery. If the injuries are serious and complex we may arrange more than one evaluation to track your progress following treatment.
• Copies of reports written by police or other emergency services called out to your pedestrian accident
• Photographs of the scene of the accident and of your injuries
• Any available CCTV footage of your pedestrian accident
• Footage from other sources where applicable, such as dashcams and helmet cams
• Your medical records, particularly those relating to the aftermath of the pedestrian accident and the treatment of your injuries
• Documentation of the financial impact the accident has had, such as wage slips, bank statements and receipts for any direct expenses

What are the common types of pedestrian accident claim?

Any accident in which a pedestrian is hit by a vehicle could be the basis of a pedestrian accident claim if the person in charge of the vehicle acted negligently. Some of the more common types of pedestrian accident claim we handle at Truth Legal include the following:

• A driver driving too fast or under the influence of drugs or alcohol
• A vehicle mounting the pavement and striking a pedestrian
• A vehicle ignoring a red light and hitting a pedestrian at a zebra crossing
• A vehicle which doesn’t stop at a zebra crossing
• A driver colliding with a residential or commercial building and hitting people inside
• A pedestrian crossing in what should be a safe place being hit by a vehicle because the driver was distracted or failing to pay proper attention to other road users

No matter what the circumstances of your pedestrian accident are, if you feel it happened because someone else was negligent get in touch with Truth Legal. Our empathetic and supportive approach will take you through the claims process with the minimum of fuss, guiding you toward any further help and support required and working to settle your claim and win the compensation you’re entitled to as quickly as possible.

Does the law change for accidents at pedestrian crossings?

In the case of Goddard and Walker v Greenwood [2002] EWCA Civ 1590, two pedestrians suffered personal injuries when a car hit them on a pedestrian crossing. They claimed compensation for their injuries, alleging that the car driver had been negligent.

However, the circumstances of the accident made establishing responsibility a key issue in the case.

You can read more about the income and how it affects the law in this guide.

Why should I come to Truth Legal for my pedestrian accident claim?

You should come to Truth Legal for your pedestrian accident claim because we have a track record of successful claims, many involving hundreds of thousands of pounds in compensation being paid out. We’re used to dealing with the complexity of personal injury law and the demands of proving negligence, as well as having a detailed understanding of the amount of compensation that should be paid in each individual case.

In addition to our legal expertise we offer a supportive and empathetic environment. When we handle your pedestrian accident claim you’ll be provided with tailored, one-to-one support whenever you need it, with clear advice given and no jargon or legalese getting in the way.

We know how distressing a pedestrian accident can be, in psychological as well as physical terms, and how long and painful any recovery process could become. We’ll help with the extra support and advice you might need, at the same time as taking on the stress of making a pedestrian accident claim so that you have the time and space to concentrate on your recovery.

We treat every claimant as an individual rather than just another claim number, and we never settle for anything less than the full amount of compensation we think you deserve. We know exactly what it takes to build a strong case, and the evidence needed to prove just how drastic the effect of a pedestrian accident has been on your life.

We do all of this on a no win no fee basis because we think that compensation should be a question of fairness, and not just of who can afford to make a claim.

If you’ve been involved in a pedestrian accident and think another party may have been negligent then please contact us today. 

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