If you’re a pedestrian hit by a car and you wish to seek compensation, you’ve come to the right place. We’ll start this guide by explaining the eligibility for pedestrian accident claims and common causes for such accidents. Then, this guide explores claims made on behalf of children and how compensation payouts could awarded for successful claims. We conclude the guide by elaborating on our No Win No Fee services and providing additional resources.
Key Takeaways For Pedestrian Injury Claims
- If you are hit by a car, you can claim against the car driver for your injuries.
- You can make a pedestrian claim on behalf of a child by acting as a litigation friend or they could make their own claim after turning 18.
- If your child’s claim is successful, their compensation would be held in a bank account under the Courts Fund Office until they turn 18.
- You could claim for pedestrian injuries by calculating general damages and for financial losses by claiming special damages.
- It’s possible to make a No Win No Fee pedestrian injury claim so you don’t have to pay any upfront fees for your solicitor’s services.
Make your pedestrian accident claim with us by reaching out to our team through the following options:
- Drop a message on our Live Chat.
- Call us at 0800 073 8801.
- Submit a free Claim Enquiry online through our form.
Browse Our Guide
- Can I Claim As A Pedestrian Hit By A Car?
- Common Causes Of Pedestrian Accidents
- What Are The Most Common Pedestrian Injuries?
- My Child Was Hit By A Car, Can I Claim On Their Behalf?
- How Much Pedestrian Accident Compensation Could I Receive?
- Make A No Win No Fee Claim As A Pedestrian Hit By A Car
- Learn More About Road Traffic Accident Claims
Can I Claim As A Pedestrian Hit By A Car?
As a road user, you owe a duty of care towards everyone else on the roads. These other road users also owe you a duty of care to use the roads in a manner that avoids causing damage. To comply with this duty, everyone on the roads needs to adhere to the Road Traffic Act 1988 and the Highway Code.
To claim compensation as a pedestrian hit by a car, you have to prove the following:
- The vehicle user, such as a car driver, owed a duty of care towards you.
- They failed to uphold this duty and you suffered an injury due to this failure.
Want to claim for catastrophic injuries from a vehicle accident? Speak to a member of our advisory team now.
Common Causes Of Pedestrian Accidents
A pedestrian could be hit by a car for various reasons such as:
- Due to a driver speeding or driving under the influence of drugs or alcohol.
- Driver’s failure to stop at a zebra crossing.
- Neglecting to halt one’s car at a stop sign.
- The driver is distracted due to the use of mobile phones while driving.
Wish to claim against a drunk driver for a car accident? Contact our team now and we’ll help you.
What Are The Most Common Pedestrian Injuries?
Some common injuries for a pedestrian hit by a car are:
- Internal injuries
- Fractures
- Cuts and lacerations
- Leg injuries
- Soft tissue injuries
- Pelvic injuries
- Emotional trauma
- Spinal injuries
To find out about whiplash injury compensation, speak to a member of our advisory team now.
My Child Was Hit By A Car, Can I Claim On Their Behalf?
Ordinarily, you have up to 3 years to initiate a pedestrian accident claim, according to the Limitation Act 1980. However, if you wish to make a claim for your child, no time limit would apply until they turn 18. After that, they would have time to make their claim until the age of 21. Alternatively, you could claim on behalf of your child before they turn 18 by appearing as a litigation friend.
The court could either appoint you as a litigation friend or you could apply for the position. To be appointed, you need to fulfil the following criteria:
- You are capable of making fair and competent decisions related to your child’s case.
- There is no conflict of interest.
Once you satisfy the above requirements, the court can appoint you at any point during the claim if they suffered injuries a s a pedestrian hit by a car.
What Happens To Compensation For Children?
If your child’s pedestrian accident claim is successful, the court would hold their compensation in a bank account under the Courts Fund Office. This amount will be held until the child turns 18, after which the court will hand over the compensation and close the account. If you’re a litigation friend, you’ll be responsible for managing this account until your child turns 18.
How Much Pedestrian Accident Compensation Could I Receive?
Your pedestrian accident compensation claim could comprise the following:
- General Damages: You could claim these damages for the physical and psychological injuries you suffered as a pedestrian.
- Special Damages: You could claim these for the financial and long-term losses you’ve suffered as a result of your injuries.
You may be sent for an independent medical examination to determine the severity of your injuries. In addition to the findings of this examination, your solicitor, or anyone else involved with valuing the claim, could also refer to the Judicial College Guidelines (JCG). The JCG provides an exhaustive list of injuries along with a range of compensation guidelines. We have provided a few examples in the table below but you should note that they are simply guidelines and the first row isn’t quoted from the JCG.
| Injury | Notes | Compensation Guidelines |
|---|---|---|
| Multiple Severe Injuries and Special Damages | This could be considered if there is more than one injury and loss of earnings in addition to the requirement of full-time care. | Up to £1,000,000+ |
| Very Severe Brain Damage | The individual has suffered physical or cognitive disabilities and hardly responds to the environment. They require nursing care. | £344,150 to £493,000 |
| Severe (ii) Neck Injury | The person suffers severe disability like loss of function in at least one limb or significant loss of movement in the neck due to serious injuries in the cervical spine. | £80,240 to £159,770 |
| Very Severe Facial Disfigurement | There is significant facial disfigurement and extreme psychological trauma in a relatively young person. | £36,340 to £118,790 |
| Severe Back Injury (iii) | Disabilities such as chronic back pain, impairment in sexual function or agility and the risk of getting arthritis due to severe injuries to the soft tissues. | £47,320 to £85,100 |
| Severe Finger Fractures | The fractures result in impaired grip, partial amputation and reduction in mechanical function. | Up to £44,840 |
| Less Severe Elbow Injuries | There is some impairment of function but no significant disability or serious injury. | £19,100 to £39,070 |
| Multiple Facial Fractures Skeletal Injuries | There is some level of facial deformity which is permanent. | £18,180 to £29,220 |
| Severe Toe Injuries | There is some permanent disability like impaired gait or discomfort through chronic stabbing pain. Amputations or partial amputations may be required. | £16,770 to £25,710 |
| Serious Shoulder Injury | Shoulder is dislocated and there is chronic pain in the shoulder and neck, leading to restricted shoulder movement | £15,580 to £23,430 |
Can Compensation Cover The Long-Term Effects Of My Injuries?
You could claim for the long-term effects and financial losses caused by your injuries. These are called special damages, as discussed above and could be claimed as:
- Cost of medical treatment which includes travelling to appointments and the money spent on diagnostic tests and medicines.
- The changes you had to make to your home or car to accommodate any resultant disability.
- Loss of income due to any time you took off from work to recover from your injury. This would also include any benefits or promotions you lose out on due to the permanent impacts of your injury.
- You could claim for any expenses you incur for hiring a carer or purchasing equipment like a wheelchair.
Hit by a stolen car? Reach out to our team now to navigate this tricky situation and how to claim as a pedestrian hit by a car.
Make A No Win No Fee Claim As A Pedestrian Hit By A Car
If you decide to pursue a pedestrian injury claim, it’s recommended that you enlist the professional services of a solicitor. You could choose to pursue your claim with one of our experienced and capable solicitors. They would help to strengthen your claim. You need not worry about paying any upfront charges to your solicitor for their work since they offer their services under a Conditional Fee Agreement (CFA).
This means that your personal injury solicitor will operate on a No Win No Fee basis. Therefore, your solicitor will charge only if your claim is successful. This will be charged from a percentage of your compensation, called the Success Fee. This percentage is fixed by the law and shall be fair to you. If your case for injuries suffered as a pedestrian hit by a car isn’t successful, there’s no fee to pay for your solicitor’s work.
Contact Us Today
- Drop a message on our Live Chat.
- Call us at 0800 073 8801.
- Submit a free Claim Enquiry online through our form.
Learn More About Road Traffic Accident Claims
Thank you for reading our guide on ‘How to Claim as a Pedestrian Hit by a Car’. We present some links which may be helpful:
- Our guide on child whiplash claims.
- Information on child accident claims.
- Details on claiming compensation for family members.
Please find below some relevant external links:
- Guidance from the government on requesting a pedestrian crossing.
- A detailed guide from the government on regulatory signs.
- Information on First Aid from the NHS.
