How To Make A Personal Injury Claim As A Pedestrian Hit By A Car

In this guide, we look at who may be able to make a personal injury claim as a pedestrian hit by a car. We look at what kind of injuries one could sustain following a pedestrian car accident and how to prove if the driver in question was at fault by gathering the appropriate evidence. Moreover, we look at how road traffic accident solicitors calculate compensation for a successful claim and the benefits of No Win No Fee solicitors.

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Expert Advice On Making A Personal Injury Claim As A Pedestrian Hit By A Car

Our solicitors use their expertise to make road traffic accident claims an easy process for you if you are eligible to make one. To see if you are able to begin a claim today, please get in touch with us. Our services are available 24/7:

Select A Section

  1. Who Could Make A Personal Injury Claim As A Pedestrian Hit By A Car?
  2. Pedestrian Car Accident Injuries
  3. How To Prove The Driver Was At Fault
  4. Examples Of Payouts In A Pedestrian Hit By A Car Claim
  5. No Win No Fee Pedestrian Road Traffic Accident Claims
  6. Further Guidance On Making A Personal Injury Claim As A Pedestrian Hit By A Car

Who Could Make A Personal Injury Claim As A Pedestrian Hit By A Car?

To make an eligible personal injury claim as a pedestrian hit by a car, motorbike, or other road vehicle, you must meet the eligibility criteria, which are as follows:

  1. Showing you were owed a duty of care by the other road user at the time of your accident.
  2. Showing this duty was breached, such as through unsafe driving, driving without attention, etc. 
  3. Proving that the breach resulted in your accident and, thus, injury. 

The Road Traffic Act 1988 and The Highway Code set out rules on how all types of road users should use the road in order to adhere to their duty of care and minimise the risk of injury. All road users owe a duty of care to one another. 

Please contact us today to find out whether you have an eligible personal injury claim for your pedestrian accident injury.

Hit And Run Compensation Claims

Suppose the driver that caused your injury is either an untraced or uninsured driver. In that case, your solicitor will submit your claim through the Motor Insurers’ Bureau (MIB).

If you were injured when hit by a car as a pedestrian, we can assist you with what to do next if we determine you are eligible to make a road traffic accident claim. Contact us today.

Pedestrian Car Accident Injuries

Here are some examples of the types of injuries that you could sustain following a pedestrian car accident:

As such, here are some acts of driver negligence which could cause one or more of the above injuries:

  • Exceeding the speed limit.
  • Driving whilst intoxicated. 
  • Using a mobile phone whilst driving. 
  • Not looking before pulling out at a junction or roundabout. 
  • Not stopping at a zebra crossing. 
  • Running a red light.
  • Dangerously overtaking. 

These are just some examples of road traffic accident causations that could injure a pedestrian. We can offer you support following your pedestrian accident and injury if you get in touch with us. 

How To Prove The Driver Was At Fault

In order to make a personal injury claim as a pedestrian hit by a car, firstly you need to assess whether the accident was the driver’s fault. Not all pedestrian road accidents will mean another party is at fault for your injuries. It is important to gather evidence to show if the driver is responsible for causing your injuries and what injuries you suffered. 

Thus, here are some types of evidence that you and your solicitor could gather:

  • CCTV footage or if it is safe to do so photographs of the immediate scene. This could include traffic cam CCTV. 
  • Footage from a dash-cam or similar device. 
  • Always seek medical attention – not only will this ensure you get the treatment you need, but it will make an official record of your injuries
  • Recording your symptoms and treatment  
  • Taking potential witnesses’ contact details. 

If you want to proceed with your pedestrian accident claim with us, one of our solicitors will help you collect your evidence. If this is something you wish, please let us know. 

Examples Of Payouts In A Pedestrian Hit By A Car Claim

Once a successful road traffic accident claim for a pedestrian hit by a car has been made, the compensation awarded can be divided into the types of impact the injury has caused for the pedestrian. These are the physical and psychological impact as one and the financial impact as the potential other. 

You are compensated for your injury’s physical and psychological impact under the general damages head of claim. Here is what is considered while your general damages sum is being determined:

  • The severity of your pain and symptoms. 
  • Your recovery time. 
  • The treatment you need.
  • The change in your quality of life.
  • The disruption to your state and routine. 

Injuries Table

Below is a compensation table with related injuries for a pedestrian who has been hit by a car, with the guideline compensation brackets listed in the Judicial College Guidelines (JCG) for those injuries. 

The JCG is a document solicitors often refer to, along with your medical reports and independent medical assessment, when determining your general damages sum. Please note that the figures are guidance only. 

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Injury Severity Compensation bracket Comments
Brain damage Very severe (a) £282,010 to £403,990 Injuries causing severe cognitive and physical disabilities, where senses are severely limited.
Moderately severe (b) £219,070 to £282,010 Injuries involving a very reduced conscious state where life expectancy is also reduced.
Back Severe (a) (i) £91,090 to £160,980 Serious symptoms that are rare for back injuries. Significantly impaired bladder and bowel function with severe pain.
Severe (a) (iii) £38,780 to £69,730 Fractures where symptoms remain despite treatment, such as impaired agility.
Moderate (b) (i) £27,760 to £38,780 Injuries such as traumatic spondylolisthesis where spinal fusion may be necessary.
Minor (c) (i) £7,890 to £12,510 Injuries where a full recovery is made between 2-5 years without needing surgery.
Leg Severe Leg Injuries (b) (ii) £54,830 to £87,890 Injuries that have led to serious deformity and limited movement, requiring mobility aid for the rest of the injured person’s life.
Severe Leg Injuries (b) (iii) £39,200 to £54,830 Compound fractures leading to instability.
Shoulder Serious (b) £12,770 to £19,200 Dislocation of the shoulder and damage to the lower part of the brachial plexus.
Moderate (c) £7,890 to £12,770 Soft-tissue damage where symptoms will last more than 2 years but not be permanent.

Examples Of Special Damages

On the other hand, you are compensated for the financial impact solely from your injury under the special damages head of claim. Here are the past and future financial losses that you can claim back in your special damages sum:

  • Travel commutes. E.g. to and from the hospital.
  • Medical care. E.g. painkillers.
  • Renovations. E.g. if you need to add a stair lift to your home
  • Care costs. E.g. nursing cover. 
  • Lost wages. E.g. cover your lost earnings 

However, you must prove these financial losses. The evidence you could gather for these are:

  • Receipts. 
  • Invoices. 
  • Payslips. 
  • Bank statements. 
  • Travel tickets.

For more information regarding the potential compensation for being hit by a car that you could receive, don’t hesitate to get in touch with us.

No Win No Fee Pedestrian Road Traffic Accident Claims

The benefits of using a No Win No Fee solicitor under a Conditional Fee Agreement (CFA) include not being asked to make upfront or ongoing payments to your solicitor for their work.

If your personal injury claim for a pedestrian hit by a car is successful, the solicitor working under a CFA will take a percentage from your compensation. The percentage deducted for a solicitor’s success fee is always legally capped, and their percentage will be agreed upon before starting your claim. If your claim is not successful, there are no fees to pay. 

Contact Us

If you wish to make a personal injury claim as a pedestrian hit by a car on this basis, contact us. Our advisors can examine your claim and connect you to a No Win No Fee solicitor if your claim is eligible. Our solicitors have years of experience in the legal field. They can make the personal injury claims process as easy as possible for you.

Further Guidance On Making A Personal Injury Claim As A Pedestrian Hit By A Car

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Check out these external pages that offer related advice:

Thank you for reading this guide on how to make a personal injury claim as a pedestrian hit by a car. We hope you feel reassured on what to do next and how to get in touch with us.