If you’re involved in an accident as a pedestrian then you may be able to make a claim for compensation. Accidents of this kind can cause injuries ranging from minor to extremely serious, and claiming compensation you’re entitled to could make a huge difference to your recovery process.

A pedestrian accident is any in which a pedestrian – someone on foot – collides with a vehicle while they are walking. If this happens because the driver of the vehicle acted negligently then you could be eligible to claim compensation for your injuries and the impact they have had.

If you’ve been involved in a pedestrian accident then contact road traffic accident claim solicitors for a free, no obligation consultation.

If we think you have the grounds to make a claim we’ll explain how the process works and what we can do to try and win the compensation we think you deserve.

What should I do immediately following a pedestrian accident?

The first things you should do following a pedestrian accident are report the incident to the police and seek medical attention. Prompt medical treatment will increase your chances of recovery and create an official record of your injuries, while the official police report can be used as part of the evidence to support your claim.

If possible you should gather evidence of what happened, including photographs of the scene, the contact details of any drivers involved and the contact details of any witnesses. You should also photograph the injuries you sustained.

You should also note down the details of any vehicle involved, such as the make and model of a car and the registration plate. You should then contact Beacon Law for a no obligation consultation, after which we’ll explain how the claims process works and what you could claim for.

What is included in a pedestrian accident claim?

If your pedestrian accident claim is successful then it will include compensation for the physical and psychological pain and distress caused by your injuries. It will also include an amount to reflect the way in which those injuries stop you from doing things like pursuing hobbies and interests.

As well as compensation for the injuries themselves, your claim will include an amount to cover the financial impact of your pedestrian accident. This will include any earnings lost because your injuries stop you working in the way you used to as, as well as expenses which arise directly as a result of your injuries.

Once we have a full understanding of the injuries caused by your pedestrian accident and the impact those injuries have had we’ll be able to make an estimate of how much compensation you should receive. We’ll also help you to gather the evidence needed to show the ways in which your injuries have had a financial impact.

Am I eligible to make a pedestrian accident claim?

You are eligible to make a pedestrian accident claim if you were injured in a pedestrian accident which happened primarily because someone else acted negligently. The criteria for a successful claim are as follows:

• You were owed a duty of care by someone driving a motor vehicle while you were walking
• The driver failed in that duty of care and you were hit by the vehicle as a result
• The impact of the vehicle was the direct cause of your injuries, both physical and psychological

Ways in which the driver of a vehicle could be negligent in a pedestrian accident claim include the following:

• Driving while operating a mobile phone
• Driving without paying proper attention to the road
• Driving too quickly
• Driving while distracted by something in the vehicle
• Driving a vehicle which isn’t roadworthy
• Failing to remain aware of other road users, such as pedestrians

Is there a time limit on making a pedestrian accident claim?

Yes, there is a time limit of 3 years from the date on which the pedestrian accident happens, after which you will no longer be able to make a compensation claim.

Exceptions to this 3 year time limit include the following:

• You lack the ‘mental capacity’ to start a claim with 3 years, perhaps because of the nature of your injuries. If this is the case then the 3 year limit runs from the date on which you regain mental capacity.
• You were under 18 on the date of the pedestrian accident. If this is the case then the 3 year limit starts on your 18th birthday.

How much compensation could I get for a pedestrian accident claim?

If your pedestrian accident claim is successful the amount of compensation awarded could range from a few thousand pounds for minor injuries with a prognosis for quick recovery up to hundreds of thousands for serious, life-changing injuries which call for on-going care and treatment.

Compensation will be made up of general damages and special damages, which are calculated in the following ways:

General Damages

General damages are paid on the basis of the nature and severity of your injuries, and the physical and psychological pain and distress they cause. They will also take into account the way in which your injuries stop you living your life as you used to, such as enjoying family life or taking part in hobbies or interests.

The exact amount will be decided with the help of the Judicial College Guidelines. This specialist publication sets out suggested amounts for a range of specific injuries to all parts of the body.

Examples from the latest edition which could apply in a pedestrian accident claim include the following:

• Severe back injury with spinal cord damage – £85,470 to £151,070
• Paraplegia (loss of leg function) – £267,340 to £346,890
• Serious jaw fracture – £15,320 to £26,010

Once we have a full understanding of exactly how you’ve been injured we’ll use our experience of similar cases to estimate the amount of general damages we think you could be entitled to.

Special Damages

The special damages included in any compensation settlement are meant to make sure that you are not left financially worse off than you would have been if the pedestrian accident had never happened. This will mean compensating for any earning or pension provision lost because the injuries stop you working as you used to, and also for any expenses directly linked to the injuries.

Expenses covered by special damages would include the following:

• The costs of any medical treatment needed because of your injuries, now and in the future
• The costs of any care you need to buy in because of your injuries, now and in the future
• An amount to compensate for any care provided free of charge by friends and family
• The costs of any specialised equipment you need to purchase as a result of your injuries, such as a mobility scooter
• The costs of any adaptations you need to make to your home or vehicle as a result of your injuries, up to having to relocate to a new home
• The costs of any counselling or therapy needed to cope with the psychological impact of your injuries
• The costs of travelling to and from any medical appointments you need to attend because of your injuries

What are the most common injuries in pedestrian accident claims?

Depending on factors like the size and type of vehicle involved and the speed at which it was travelling, the injuries in a pedestrian accident claim can range from fairly minor to permanent and life-changing. Some of the most common injuries we see in compensation claims involving pedestrian accidents include the following:

• Head and brain injuries including skull fractures, swelling, concussion and traumatic brain injuries.
• Spinal cord injuries which, at their most serious, can lead to partial or total paralysis with an uncertain chance of recovery.
• Internal injuries such as bruising, bleeding or damage to organs like the liver and spleen could happen as the result of the impact of a pedestrian accident.
• Bones in parts of the body such as the arms, legs or pelvis could be broken by the impact of a pedestrian accident.
• The psychological impact of a pedestrian accident could include post-traumatic stress disorder (PTSD), anxiety, stress and depression.
• Injuries to the back and neck could include whiplash, fractures or serious bruising and in some cases could lead to reduced mobility and long-term pain management requirements.
• Cuts and lacerations caused by a pedestrian accident may require stitches or surgery and could leave permanent scarring.

What is the process of making a pedestrian accident claim?

We understand that making a compensation claim following a pedestrian accident can seem daunting, especially as you’re trying to come to terms with the injuries you’ve sustained. We keep things as simple as possible by breaking that process down into a series of more manageable individual steps.

Step 1 – We’ll take a detailed statement from you explaining how the pedestrian accident happened and the impact the injuries have had on you

Step 2 – We’ll arrange a medical examination with an independent expert, after which they will produce a report setting out the nature and severity of your injuries, the prognosis for recovery and any care or treatment you are likely to need in the future.

Step 3 – We’ll pull together the rest of the evidence needed to support your claim. This will include:

• Your medical records – particularly those dealing with the treatment you have needed since the pedestrian accident happened
• A copy of the police report into your pedestrian accident
• Photographs of the scene of the accident, including the position of the vehicles involved if possible
• Photographs of your injuries
• Statement from any witnesses to your accident
• The details of the vehicle involved in your pedestrian accident, including contact and insurance information for the driver and the make, model and registration number of the vehicle
• Any available CCTV footage of the accident
• Any dash cam footage which is available
• Paperwork linked to the financial impact of your injuries, such as bank statements, wage slips, bills, invoices and receipts

Step 4 – We’ll inform the other party – generally the insurers of the driver involved in your pedestrian accident – that you intend to seek compensation. At this point liability is often admitted and a compensation offer made.

Step 5 – We’ll negotiate to get the best possible compensation award. Although we work to settle claims as quickly as possible we never settle for anything less than 100% of the compensation we think you’re entitled to.

Step 6 – In a small number of cases we are unable to reach a settlement and the claim has to be decided in court. If this happens you may not even have to attend, and we will represent you throughout, arguing strongly for the compensation we think you deserve.

How long will my pedestrian accident claim take to settle?

Your pedestrian accident claim could take just a few months to settle if your injuries are relatively minor, or more than 18-24 months if you suffer complex injuries. Factors which could increase the time it takes to settle your pedestrian accident claim include the following:

Your injuries are such that you require multiple medical examinations to ascertain exactly what your future care and treatment requirements are likely to be.

The other party denies liability or refuses to make a fair compensation offer, in which case your claim will have to be settled in court.

Can I make a no win no fee pedestrian accident claim?

Yes, if you make your pedestrian accident claim with Beacon Law we will do it on a no win no fee basis. This means that you won’t have to pay anything when we take your claim on, or while we gather evidence and negotiate on your behalf, up to and including representing you in court.

If you are awarded compensation then we will take a success fee, but only after the compensation has been paid. This fee will never be more than 25% of the money awarded.

If your claim is unsuccessful then expenses such as the costs of the other side will be covered by insurance taken out on your behalf.

Why should I choose Beacon Law for my pedestrian accident claim?

You should choose Beacon Law to handle your pedestrian accident claim because we have a strong track record of winning compensation for our clients in cases of this kind.

We know what it takes to prove negligence in a pedestrian accident claim, and we understand exactly how much you should be entitled to in compensation.

Another plus point of working with Beacon Law is that you’ll be treated as a person and not just a case number. We’ll tailor the one to one care and support you need at a difficult time in your life, and will guide you through the process in a friendly, jargon-free manner.

We empathise with the stress and upset of a pedestrian accident of this kind, and work to process your claim with the minimum of fuss, leaving you as free as possible to concentrate on your recovery. We can call on more than 200 years of combined legal experience when we handle your claim, and we provide our expertise on a no win no fee basis.

You won’t have to pay anything unless we win compensation for you, and we’ll do everything we can to get all of the compensation we think you’re entitled to. If you’ve been injured in a pedestrian accident that wasn’t your fault then call Beacon Law today to find out about claiming the compensation you deserve.

We know how upsetting it can be to suffer an injury because someone else was negligent. Our approach is to take on the stress of building your claim and gathering evidence, leaving you free to concentrate on recovering from your injuries and rebuilding your life.