Pedestrian Accident Claims: Pedestrian Hit by Car Claim
Find out how much your personal injury claim may be worth
Pedestrian Accident Claims
Pedestrian hit by car claims are one of the most common types of pedestrian accident claims. Pedestrian accidents are one type of road accident which could lead to life-changing injuries and fatalities. Pedestrians are one of the most vulnerable types of road users, and as a result, they are often involved in accidents caused by careless drivers, or drivers not paying enough attention to the road. There is very little protection for a pedestrian hit by car or any other type of vehicle, which means that their injuries are often severe, especially if the victim involved is a child. If you have been injured as a pedestrian, you may be entitled to make a claim for compensation.
Common Causes of Pedestrian Accident Claims
Pedestrian injuries can be sustained in a number of different circumstances. Pedestrian hit by car (or any other type of vehicle) claims can arise as the result of an accident on the pavement, whilst crossing the road, and on pedestrian crossings. The most common types of pedestrian accidents arise due to:
- Drivers not paying enough attention to the roads.
- Drivers failing to stop for a pedestrian
- Drivers under the influence of drugs and alcohol.
- Drivers ignoring traffic signs and traffic lights
- Road users driving too fast
Whatever the reason, if you are a pedestrian who has been injured as a result of a road traffic accident, then you will be able to make a pedestrian accident claim for your injuries. You will be entitled to claim compensation whether the vehicle driver was partially or wholly responsible for the accident.
Do Drivers have to Stop for Pedestrians on the Road?
In the UK, all drivers have a legal duty of care to take reasonable steps to ensure the safety of themselves and others on the road. This includes:
- Obeying traffic laws and regulations
- Driving with due care and attention
- Not driving under the influence of drugs or alcohol
- Keeping their vehicle in a safe and roadworthy condition
- Being aware of other road users, including pedestrians, cyclists, and other drivers
- Being aware of the weather and road conditions and adjusting their driving accordingly
Failure to meet this duty of care can result in criminal or civil liability. For example, if a driver causes an accident while under the influence of drugs or alcohol, they could face criminal charges and potentially be held liable for any injuries or damage caused. Similarly, if a driver causes an accident due to reckless or negligent driving, they could be held liable for any injuries or damage caused in a civil court.
It is important for drivers to take their duty of care seriously and to drive safely and responsibly at all times, to avoid any accidents and ensure the safety of themselves and others on the road.
If a driver does not stop for a pedestrian on the road for any reason, they are likely to be held responsible for the pedestrian car accident.
Pedestrian Hit by Car: What Should You Do After an Accident?
If you are involved in a road traffic accident as a pedestrian, we would recommend that you:
- Report the accident to the police straight away, especially if the driver responsible drives away without stopping.
- Take note of the details of the offending vehicle car registration, as well as the driver’s contact details, such as their name, address and telephone number and, if possible, details of any witnesses to your accident.
- Take photographs at the scene of the accident, if possible.
- Seek medical attention for your injuries straight away. Make an appointment with your G.P to have your injuries assessed or go to a hospital for treatment if your injuries are serious. Keep receipts for any medical or parking expenses incurred.
- Contact Beacon Law for legal advice and find out if you are entitled to make a pedestrian accident claim. To find out about our claims process, please view this section on our website.
What to do if you Have been Involved in an Accident with an Uninsured or Untraceable Driver
If you have been injured in a pedestrian accident which involved an uninsured driver, or a hit and run driver, you may still be able to make a claim. The process for this will be slightly different as these types of claims will usually be processed through the Motor Insurance Bureau (MIB). For more information on these types of claims, have a look at this section on our website.
How Much Compensation Will You Receive?
Compensation payouts for pedestrian accident claims are split into two separate compensation categories – general damages and special damages.
General damages refer to the awarded compensation for your injuries and will be based on your pain, suffering, and loss of amenity as a result of your injuries.
The amount of compensation awarded for your personal injury claim will depend on the seriousness and extent of your injuries. Lower levels of compensation will be awarded for non-serious injuries which do not last for a long period of time. Claimants suffering from the most serious injuries which are permanent, or last for a very long time will receive higher levels of compensation. As many injuries are complex, especially those which are ongoing, it may be necessary to obtain an objective medical assessment of your injuries before we can make an estimation on the value of your injuries.
When valuing your injuries, we use recent case law, as well as guidelines set out by the Judicial College. We will then negotiate a settlement with the other side to ensure you receive as much compensation as possible.
Special damages refer to any additional losses. These losses can include , loss of earnings, medical costs, travel costs, as well as compensation for additional care required at home as a result of your injuries.
You should ensure that you keep all receipts and invoices for your additional losses as these will be required to prove your loss.
Can You Make A Pedestrian Accident Claim on Behalf of a Child?
Pedestrian hit by car claims involving children are very common as children are most at risk of these types of accidents. Injuries sustained by children in a pedestrian accident can be severe and life-threatening.
You can make a claim on behalf of your child or someone you are legally responsible for if they have been injured in any type of accident.
If you decide to make a pedestrian accident claim on behalf of a child, you will be referred to as the “litigation friend” within the case. The compensation awarded to the child would be held in an account, protected by the Court, which the child will have access to from their 18th birthday unless the injury impacted their mental capacity to manage their finances. A legal deputy will be appointed by the Court of Protection if they lack the capacity to manage finances.
Access to compensation may be allowed before the child turns 18 if earlier payments are required for care and development.
At the end of the claim’s process, there will be a hearing, known as an Infant Approval Hearing, which the litigation friend will be required to attend. During this hearing, the Court will look at all facts of the case to ensure that the claim has not been under settled, and management of the compensation until the child turns 18 will also be discussed and approved during the hearing.
Time Limits for Making a Pedestrian Hit by Car Claim
In England and Wales, the time limit for making a claim for compensation after a road traffic accident is usually three years from the date of the accident. This means that if you wish to make a claim for compensation, you must do so within three years of the date of the accident.
It is important to note that there are some exceptions to this rule. For example, if the accident involved a child, the three-year time limit does not start until their 18th birthday. If the accident involved a person with a mental disability, the three-year time limit may not start until they have capacity to bring a claim.
It is also important to note that even if you are within the time limit, it is advisable to act promptly and to seek legal advice as soon as possible after the accident. This is because, the sooner you start the process, the easier it will be to gather the necessary evidence to support your claim.
It’s important to remember that the process of making a claim can be complex, and it is advisable to seek legal advice from a solicitor who can guide you through the process and help you gather the necessary evidence to support your pedestrian accident claim.
Why Choose Beacon Law to Assist with Your Pedestrian Accident Claims?
Beacon Law are a specialist law firm dealing with all types of personal injury claims. We have many years of experience in dealing with Road Traffic and Accident Claims, including pedestrian accidents, car collisions, cycling accidents and motorcycle accidents.
We provide a high level of service to all our clients and work hard to ensure you receive the highest level of compensation for your injuries.
Beacon Law is authorised and regulated by the Solicitors Regulation Authority. To find out about our no win, no fee funding and legal fees, have a look at the funding section on our website.
If you have suffered an injury as a result of a pedestrian accident due to the negligence of another driver, then please call us today on 0330 1332 857 to speak to one of our personal injury solicitors about starting your claim on a no-win, no-fee basis, or complete our contact form at the top of the page to start your claim online and a member of our personal injury team will give you a call back