Pedestrian Accident Claims Explained

Posted on: 6 mins read
Last updated:
Susan Vanden

Partner, Road Traffic Accident Technical Manager

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'It’s safer to walk’ – is a saying used by many people but what if, as a pedestrian, you are struck by a vehicle while innocently just walking along? This will more than likely result in a physical injury and perhaps psychological effects too. The injuries sustained as a pedestrian are generally more serious as there is nothing the protect you from the impact. These can have massive implications on your life as they may mean that you are unable to work and have to seek medical care and rehabilitation as part of the recovery.

You may be able to make a Pedestrian Accident claim against whoever was at fault for the accident, which would not only reduce the financial burden on you and your family, but also help you get access to rehabilitation and treatment – which may not be readily available through the NHS.

According to the latest data from 2022, 385 pedestrians were killed in traffic accidents, with that statistic being a 6% increase from last year. and 5,901 were seriously injured. Amongst the most common causes of accidents involving pedestrians was:

  • The driver failing to look properly;
  • Failing to judge the pedestrian’s path and speed;
  • The driver being careless, reckless and in a hurry.

According to the government website, the risk for pedestrian casualties is 22 times higher than if you were to be in a car, and over four times lower than for motorbike drivers. In this article, we’re going to delve into the most frequently asked pedestrian claims questions – so if you’re in an accident on a path or road that wasn’t your fault, you’re well equipped with what to do…

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What Evidence do I Need to Support my Claim?

As with all road accident claims the more evidence you are able to gather the better. Here are some of the items it would be useful to have which could help your claim.

Evidence which you can help when making a pedestrian accident claim:

Details of any vehicles involved.

The registration of the vehicle, description and the drivers name and insurance company

Photographs of the accident scene.

If you are able to do so, a few photos taken on your smart phone could prove invaluable.

CCTV Footage

If you think the area where your accident occurred may have been covered by CCTV, try and get a copy of it as soon as possible. If you are not able to do this, the police or our team of Road Traffic Accident Solicitors may be able to do this for you.

Details of any witnesses

If anyone saw the accident, we can ask them for a statement to use in evidence if the person responsible for the accident denies liability.

Medical Details

Following your accident, you should seek medical attention so that a medical expert can assess your injuries. Your GP,a Walk in Centre or Hospital if necessary would be useful for this. If you make a claim, your medical records may be needed to prove the extent of your injuries and to detail any treatment given.

Is There a Time Limit for me to Claim?

You have 3 years from the date of your accident or from the date you become aware of your injuries to make a  claim. If the accident involves a child or someone who does not have mental capacity to claim for themselves then an adult can claim on their behalf by becoming a Litigation Friend. If this isn’t done by their 18th birthday, then they have 3 years from that date to make a claim themselves.  We do however recommend starting your claim as soon as possible so events are fresh in your mind.

What if the accident is a Hit and Run?

If you are unfortunately involved in a ‘Hit and Run’ accident, then you may still be able to make a claim. This is because of a special scheme run by the Motor Insurers Bureau to deal with these kinds of claims. You will need both the details of the vehicle involved and the accident that occurred to be able to claim. The scheme is funded by levies on insurance premiums and can pay out where a driver cannot be identified or if they have no insurance. We can advise you further on this.

What could the outcome of my claim be?

Our team of Road Accident Solicitors have helped countless people who have been injured in pedestrian accidents to get the compensation they need to start rebuilding their lives.  We offer a personalised service, specific to your claim and will keep in touch with you regularly to let you know what is happening with your case.

If you have urgent medical or financial needs, we can apply for interim payments of compensation to be paid to you until the claims process concludes. We can also help you access the care, support, and rehabilitation you need to help you recover from your accident and can submit this as part of your claim.

Many claims are settled with the insurance company of the person responsible and never go to court. If, however we can’t reach a settlement this way we will support you throughout the process.

How much does it cost to make a claim?

Most Pedestrian accident claims are dealt with on a No Win No Fee basis. This means you can claim without any financial risk to you. We will explain how this works in more detail when you contact us.

How To Keep Yourself Safe Whilst Walking on the Roads

All of the reports show that a contributing factor that led to either pedestrian accents or cyclists fatal or serious injury collisions with another vehicle was ‘driver or rider failed to look properly’. It was also the common factor that was used when other vehicles were involved, too—making other drivers on the road being the hazard for pedestrians everywhere. When this is the case, there is very little you can do, apart from following pedestrian safety procedures.

It’s really important as a pedestrian that you make yourself as visible as possible when you’re out walking We recommend the following: 

  • Always follow traffic rules and pay attention to signs and signals.
  • Use pavements whenever you can.
  • If there's no pavement walk on the side of the road facing traffic, and stay as far away from cars as possible.
  • Cross streets at zebra crossings or junctions. Look out for cars from all directions.
  • If there's no pavement, find a well-lit spot where you can see traffic clearly. Wait for a safe gap before crossing.
  • Be careful around driveways and parking lots, and watch out for cars coming in or out.
  • Don't drink alcohol or use drugs while walking–they can make you less aware and slow your reactions.
  • Walking is a great way to stay healthy and get around, so don’t be afraid—get up, get out, and get moving!

How Simpson Millar Can Help you 

Our experienced team of Pedestrian Accident Solicitors can help you to get the compensation you deserve if you’ve been injured in an accident that wasn’t your fault. We've spent years helping pedestrians and their families get the compensation, rehabilitation and support they need when they or their family have been hurt or killed in a road traffic accident. Call us on 0808 239 6443 and let us help you.

References:

Harris, M. A., Reynolds, C. C., & Winters, M. (2016). Comparing the effects of infrastructure on bicycling injury at intersections and non-intersections using a case–crossover design. Injury Prevention, 22(3), 171–176. https://www.ncbi.nlm.nih.gov/pmc/articles/PMC5020848/

UK Government. (2013). Pedestrian casualties: 2013 data. Retrieved from https://assets.publishing.service.gov.uk/media/5a7f2f4ae5274a2e87db44f7/pedestrian-casualties-2013-data.pdf

Motor Insurers' Bureau. (n.d.). What We Do. Retrieved from https://www.mib.org.uk/reducing-uninsured-driving/what-we-do/

Susan Vanden

Partner, Road Traffic Accident Technical Manager

Areas of Expertise:
Road Traffic Accidents

Susan specialises in managing road traffic accident cases, and mainly represents pedestrians, cyclists, motorcyclists in multi-track cases, as well as clients who have developed chronic pain syndrome and sustained organic injuries.

She also supports junior members of staff across the department.

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