Pedestrian accident compensation claims

A pedestrian who has suffered a serious injury in a collision with a moving vehicle, such as a car, motorcycle, e-scooter, bus, or a commercial, factory, farm, or construction site vehicle will often have a claim for compensation.

Compensation claims for injury to pedestrians often involve them being hit:

• whilst walking or standing on the pavement;
• whilst waiting on the hard shoulder of a motorway or dual carriageway;
• on the side of the road;
• whilst walking in the road;
• whilst crossing the road;
• by a vehicle which was emerging onto the road from a private driveway;
• by a reversing vehicle;
• by a vehicle at work (e.g. warehouse, farm, building site);
• on holiday abroad;
• by hit-and-run or uninsured drivers.

Children are particularly vulnerable as they are easily distracted, and their road sense is less developed than adults. Drivers are expected to take additional care in areas where children might be on or near the roads, such as:

• residential areas;
• near schools or around school transport, such as buses;
• near shops;
• near playgrounds;
• on pedestrian crossings.

Drivers have a legal responsibility to drive in a way that is safe for other road users, including pedestrians. They must also reduce their speed in circumstances where the risk of accidents is increased by road conditions, such as poor visibility at night, in poorly lit areas or bad weather, and in areas where pedestrians, children, and other vulnerable road users are present.

A pedestrian can claim compensation for their injuries if they were caused by a driver’s negligence, such as:

• driving dangerously;
• driving too fast;
• losing control of their vehicle;
• being distracted whilst talking or texting on a mobile phone;
• failing to stop at a road junction or red traffic light;
• turning without indicating;
• failing to give way to a pedestrian on a pedestrian crossing;
• driving under the influence of drugs or alcohol;
• driving an unroadworthy vehicle, for example with defective tyres, brakes, or lights;
• hit-and-run or uninsured drivers.

Our personal injury claims lawyers specialise in securing rehabilitation and compensation for pedestrians who have suffered severe injury and life-changing disability, including:

• head injury and brain injury;
• spinal injury, spinal cord injury or paralysis;
• major trauma or multiple injury;
• amputations;
• facial injuries;
• degloving injuries (needing skin grafting);
• severe scarring and disfigurement;
• PTSD or psychological injury arising from the accident;
• CRPS or chronic pain;
• fatal injury

We assess each client’s compensation claim carefully to ensure that their needs arising from their injury or disability are properly met. The amount of compensation that the injured person receives depends on their individual circumstances, including the severity of their injury and disability, their needs and financial losses arising from their injury, and any liability issues relating to the cause of the accident.

Claims for pedestrians with severe injury from accidents may include compensation for:

• pain, suffering and disability;
• costs of rehabilitation;
• costs of care and case management;
• home adaptations or increased costs of suitable accommodation;
• specialist vehicles, equipment, prosthetics, assistive technology (IT);
• medical or surgical costs;
• therapies, such as:
  • occupational therapy (OT);
  • physiotherapy;
  • speech and language therapy (SALT);
  • hydrotherapy;
• psychological treatment, counselling and support;
• vocational rehabilitation;
• financial loss, such as earnings and pension;
• special education (SEN) costs (if a child);
• Court of Protection deputyship costs.

In claims arising from fatal injury, we help the bereaved, dependent family claim compensation for their loss of the deceased’s income or ‘services’ (childcare, housework, driving, DIY etc), as well as funeral costs and a fixed, statutory bereavement award.

Yes. Drivers are required by law to have motor insurance to ensure that they have the means to compensate anyone who is injured by their negligent driving, but injured victims of hit-and-run or uninsured drivers still claim compensation for their injuries from the Motor Insurers’ Bureau (MIB).

Claims against the MIB are subject to strict requirements and time limits. We advise anyone who has been injured (or whose family member has been injured) in a road accident caused by a driver who was uninsured or cannot be traced, to contact our personal injury solicitors for free, confidential advice as soon as possible after the accident, to avoid losing your right to claim compensation.

Find out more about how we help our injured clients with claims against the Motor Insurers’ Bureau (MIB).