Pedestrians are considered the most vulnerable group, and unfortunately, accidents can and do happen when crossing roads.
In 2023, 19,235 pedestrian injuries (both minor and severe) were reported due to road traffic accidents (Source: GOV.uk)
We know that a pedestrian involved in an accident with a vehicle can be a very traumatic experience, and the physical and psychological effects of such an event can be long-lasting.
Making a pedestrian accident claim may seem daunting, but we are here to guide you through the process. Our specialist team of car and road traffic accident solicitors are experienced in dealing with pedestrian injury compensation, so you don’t have to deal with this alone.
What are the most common pedestrian injuries?
Injuries sustained as a pedestrian can vary from minor to severe and can sometimes be fatal. Police forces typically classify pedestrian injuries into five groups:
- Slight – includes whiplash, bruising, sprains, and shallow cuts.
- Less serious – includes minor head injuries, deep wounds and fractures to the collarbone, arm, hand, ankle, or foot.
- Moderately serious – includes partial loss of limb, chest injuries, deeply penetrative wounds, and fractures to either the thigh or pelvis.
- Extremely serious – includes severe head or chest injuries with a loss of consciousness and/or difficulty breathing, a broken neck, spinal and all internal injuries.
- Fatality
What to do after a pedestrian car accident
If you have sustained injuries as a pedestrian, you must know what to do next. Whilst you may be in shock, there are steps that you should take to ensure you get the help you need to make a claim.
- Step one: Your health and safety are of utmost importance. You should seek medical assistance immediately by calling an ambulance.
- Step two: Call police services to report your accident.
- Step three: Make a note of any injuries sustained and get details of the driver involved, if possible, including their name, phone number, and insurance details
- Step four: Ask any witnesses if they can provide their details. It is also important to take details of the make, model and, most importantly, the registration numbers of any vehicles involved and to take photos of the scene if possible.
- Step five: Seek specialist legal advice to help you put forward a claim.
Can pedestrian accident claims be made on behalf of someone else?
Yes, under certain circumstances, pedestrian accident claims can be made on behalf of someone else. Sadly, some pedestrian accidents result in serious injuries that can severely impact your loved one’s ability to live an everyday life. This can not only be an extremely stressful situation for all involved, but it can also mean that your loved one cannot file a claim themselves.
Claiming on behalf of a loved one can relieve some of the pressure financially, helping you focus on the more important things. At Slater Heelis, we can help you through the process of making a claim and receive the compensation you deserve (most of the time, we provide our services as part of a no-win, no-fee agreement).
Devastatingly, some pedestrian accidents can be fatal. If your loved one died after being hit as a pedestrian, you may be able to claim on behalf of their dependants or their estate. No amount of money will ever be enough to make up for the emotional turmoil that you feel, but fatal accident compensation can help ease some of the financial pressure you may be under.
You can read our step-by-step guide on making a fatal accident claim here.
The claims process
To make a successful pedestrian accident compensation claim, you must first prove that the pedestrian’s injury was caused by another party’s negligence.
The first step to making a compensation claim is to take legal advice on the merits of your claim. We recommend starting your claim as soon as possible, as this can help our solicitors prepare your case more effectively by obtaining the necessary evidence before it may be lost. This also helps keep details of the incident fresh in your mind.
You are likely to have a case if your accident:
- Occurred within the last three years
- Was caused by another party’s negligence
- Caused you to sustain injuries
Compensation
There is no set compensation payout for a pedestrian accident, as every claim is unique. For example, if a victim suffered a sprained ankle, they would most likely receive far less compensation than a pedestrian who has sustained life-changing injuries such as a spinal injury. The claim is usually calculated by considering the general and special damages of the case:
General damages: This is the value of any pain, suffering or loss of amenity you have suffered due to the accident. Damages that fall under this are physical injury or impairment, psychological trauma and reduced quality of life.
Special damages: This covers your compensation for any costs, losses or expenses caused by your pedestrian accident. For example, you could claim for the cost of any damaged clothes/items, lost earnings, and medical expenses.
In all cases, our personal injury solicitors will seek to achieve as much compensation for you as possible by fighting your corner and gathering evidence on your behalf.
Common challenges with claims & how we can help
- Disputed liability: One of the main challenges with making a claim is establishing liability, especially when the fault is unclear. A driver may argue that a pedestrian was negligent and not paying attention to traffic signs.
- Dealing with insurance companies: Insurance companies may try to minimise the compensation paid. They often employ tactics such as offering a quick but inadequate settlement, questioning the severity of injuries, or delaying the claims process.
- Time limitations: You have three years to make your compensation claim for a pedestrian accident. This time limit will begin from the date of your accident or when you became aware of your injuries.
- Complex injuries and medical evidence: Pedestrian accidents can often result in serious injuries, which can make claims challenging. Obtaining and presenting clear medical evidence to demonstrate the extent and impact of injuries is crucial but can be complicated.
While these challenges may seem daunting, don’t worry; our Road Traffic Accident solicitors are experts in dealing with the legal and procedural complexities of compensation claims.
How Slater Heelis can help
If you or a loved one has experienced a pedestrian injury and are interested in making a claim, don’t hesitate to contact one of our expert road traffic accident solicitors and receive the compensation you deserve today. You can contact us by calling 0330 111 3131 or by filling out our contact form here.