Understanding pedestrian accident claims

Choosing to walk rather than using a vehicle can have many positive takeaways; from great health benefits to reducing our daily environmental impact. Yet pedestrians are among some of the most vulnerable users on our roads and as a result, they almost always come off second best if they are caught in a collision or accident with other road users.

According to statistics published by the government, an average of 8 pedestrians died and 115 were seriously injured in road accidents each week between 2016 and 2021. These figures are staggering, and highlight the importance of ensuring that we are all using our roads responsibly and safely.

Injuries caused by road accidents can be devastating for pedestrians, and if the worst happens, it is critical that you are able to access to the help and support you need to be able to recover as best and as quickly as possible. And while compensation might not be the first thing on your mind, a pedestrian accident claim can help you being to put your life back together.

Speak to our pedestrian accident lawyers today

What does a pedestrian accident compensation claim include?

A pedestrian accident claim will seek to compensate you for the injuries caused in the accident, as well as the subsequent impact they have on your quality of life. These are known as general and special damages:

• ‘General damages’ refers to any physical or mental injuries caused by the accident. The amount that you will receive will be determined by the extent of the injury caused, and by how quickly you are likely to recover, according to a medical expert.
• ‘Special damages’ refers to any other expenses or losses that you may incur because of your injuries. For example, it can include the loss of any wages if you have been unable to work, any physiotherapy or other treatments you may need to pay for, any adaptations to your home that may be required, or any travel costs (if, for instance, you’ve been unable to drive).

How is liability established in pedestrian accident claims?

Liability (fault) in a pedestrian accident claim is established by proving that the other party or parties involved in the accident owed you a duty of care, which was breached when they acted negligently and caused the accident in which you were injured.

Establishing who is liable in a pedestrian accident claim isn’t always straightforward, though it is rare for a driver or motorcyclist to be found not to be at fault. In 2022, the government introduced new rules in the Highway Code, implementing a hierarchy of road users. This put more responsibility upon road users who had the capacity to cause a greater amount of harm; for instance, a driver in a car will have a higher degree of responsibility than a pedestrian.

There are circumstances where a driver or motorcyclist may not be found liable for an accident, or it may be determined that both parties share liability. It is therefore strongly recommended that you speak to a specialist pedestrian accident lawyer as soon as you are able, and we will be able to help you determine whether you have a claim.

What are the most common causes of pedestrian accidents?

Pedestrians are among the most vulnerable road users, which means there are many ways in which a pedestrian could be injured on the road. Some of the most common causes of pedestrian accidents include:

• A driver or motorcyclist fails to slow down or stop at a crossing or red light
• A driver or motorcyclist was driving too fast, or not paying attention to other road users
• A driver or motorcyclist was driving recklessly, was under the influence of drugs or alcohol, or was distracted by or using a mobile phone illegally

What type of injuries can occur in pedestrian accidents?

When a pedestrian is unfortunately injured on the road, the consequences can vary from mild injuries such as bruising or sprains to more severe damage, such as head trauma, spinal injuries or even fatalities.

Some of the most common injuries we see in pedestrian accident claims include:

• Head or brain injuries
• Spinal cord or neck injuries
• Broken bones
• Loss of limb (amputation)
• Fatal injuries

No matter how you were injured as a pedestrian on the road, if you’ve suffered due to someone else’s negligent or dangerous actions in the road, you could be entitled to compensation. Speak to our leading pedestrian accident lawyers today to start your claim and secure the support and compensation you deserve.

Can I make a pedestrian injury claim if I’ve been injured in a hit and run accident?

A ‘hit and run’ describes an accident in which one or more involved parties leave the scene without stopping. Fleeing the scene of an accident in this way is against the law. Unfortunately, however, it does still happen, and it can make it difficult to then track down the responsible party.

If you’ve been injured as a result of a hit and run accident, you may be wondering how claiming compensation works. In the UK, the Motor Insurer’s Bureau was established to provide compensation for those who have been injured or caught in an accident due to the negligence of an untraceable or uninsured driver.

Our pedestrian accident lawyers have years of experience dealing with such cases and are here to support you through every step of the claims process.

Why choose Slater and Gordon's pedestrian accident lawyers

We understand how traumatising it can be to be a pedestrian caught in an accident. As some of the most vulnerable people on the road, the damage an accident can do is severe, and the impact this can then have on you and your family is often devastating.

That’s why we pride ourselves on going the extra mile to support our clients. Our lawyers take a sympathetic, professional and honest approach to those who seek our help with pedestrian accident injuries, and work tirelessly to get the compensation our clients deserve. Just a few of the pedestrian accident claims we've pursued include:

• Sophie was catastrophically injured when she became crushed between two cars, resulting in multiple complex orthopaedic, internal and psychological injuries. Senior Associate Solicitor, Crystal Eaton, pursued substantial interim payments as the case progressed, which secured Sophie's access to critical rehabilitation services.
• An elderly couple were struck by a vehicle while on a pedestrian crossing, leaving the man with severe injuries including a fractured spine and Deep Vein Thrombosis (DVT). Serious injury specialist, Gulderen Salih, worked with the couple to secure access to bespoke rehabilitation and support, pursuing the maximum possible compensation.
• A woman was thrown into the air when she was struck by a car travelling over the speed limit. She spent five weeks in hospital and had to undergo surgery, resulting in her left leg being shortened. The ordeal has left her with chronic pain and significant psychological effects, and Slater and Gordon worked tirelessly to secure a six-figure settlement to assist her with her care and future needs.

Our team is consistently ranked highly in reputable independent legal directories, such as Chambers and Partners, and the Legal 500, and are among the best and most experienced injury lawyers in the country. We work closely with medical professionals to ensure each and every one of our clients receives the best possible outcome, both in terms of financial compensation and rehabilitation. We also have an in-house rehabilitation coordinator, who is on hand to provide immediate support, allowing you to focus on your recovery.