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Pedestrian Accident Claims

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Pedestrian Accident Claims

Pedestrian accidents can happen in an instant, often leaving those involved facing devastating consequences. Whether it’s a driver failing to stop at a crossing, speeding through a residential area, or becoming distracted by their mobile phone, the negligence of others can lead to serious injuries for pedestrians.

The sheer force of being struck by a vehicle can leave you with broken bones, making simple movements agonising and everyday tasks impossible.

Head injuries are also common, and their effects can range from mild confusion to long-term challenges with memory or coordination. Damage to the spine can lead to immense pain or even, in the most severe cases, paralysis, altering your independence in ways you never imagined.

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Absolutely no fees up front, and no fees even if your case is unsuccessful through no fault of your own.

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No confusing legal jargon, just an expert in your corner focused on helping you to claim the compensation you are entitled to for your accident.

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For many, the injuries are not just visible – internal damage, such as organ injuries or internal bleeding, can be life-threatening and require urgent medical intervention. Even cuts and bruises, though they may seem minor, can leave lasting scars that serve as a constant reminder of the trauma. Beyond the physical pain, there’s often an emotional toll.

The fear and shock of such an event can lead to anxiety, depression, or feelings of helplessness, which linger long after the physical wounds have begun to heal.

Such incidents disrupt your life in countless ways but the good news is that you have the right to seek compensation for the harm you have suffered. Making a claim not only provides financial support for medical expenses, lost earnings, and rehabilitation but also helps you hold those responsible accountable. With years of expertise behind us we have helped many clients with their pedestrian accident claims. Support is available, talk us through what happened and we will help in every way that we can.

Pedestrian Accidents

If you have been injured in a pedestrian accident, you may still be grappling with the physical pain, emotional trauma, and disruption it has caused in your life. Whether you were struck while walking on a pavement, crossing at a zebra or pelican crossing, or even in the safety of your own garden, the aftermath of such an event can be overwhelming. Perhaps a vehicle veered off the road and hit you on the pavement, leaving you with severe injuries that have turned your life upside down. Or maybe a driver failed to stop at a zebra crossing, ignoring your right of way and causing you harm. If you were hit by a vehicle running a red light at a pelican crossing, you likely assumed it was safe to cross, only to be met with negligence that led to devastating injuries.

In some cases, the circumstances might have been even more unsettling. A car crashing into a house, garden, or building causing serious injury, not to mention shock. If you were the victim of an intentional act, where a driver used their vehicle to cause harm, you might still be struggling with the psychological toll, in addition to the physical impact.

Other situations may involve attempting to get in or out of a vehicle, where a moment of carelessness by another driver led to unexpected injuries. If your child was injured after walking out in front of a vehicle, the heartbreak of seeing them hurt is compounded by the reality of their recovery process. Even if you were crossing the road in a safe and responsible way, being struck by a vehicle can leave you questioning how this could have happened and how to move forward.

Each of these scenarios is deeply upsetting and life-altering.  You didn’t ask for this to happen, if someone else’s actions caused you harm, you have every right to seek compensation, justice and closure.

Hit and Run Accident Claims

To be injured by a driver and then left without help is a situation that no one should ever have to face, yet the reality is that hit-and-run incidents leave victims dealing with the fallout alone.

Failing to stop after an accident is unlawful and constitutes a breach of the Road Traffic Act 1988 (RTA). It also violates the rules and guidance set out in the Highway Code, some of which carry legal obligations. Every road user has a duty to follow these rules to ensure the safety of others. This legal duty of care requires all individuals on the road to act responsibly and take reasonable precautions to minimise the risk of accidents. Whether driving, cycling, or walking, everyone shares this responsibility to navigate the roads safely and prevent harm to others.

Being involved in a hit-and-run accident is an incredibly traumatic experience, and it is completely understandable to feel overwhelmed, angry, or abandoned. To be injured by a driver and then left without help is not just physically painful but deeply unsettling.

The effects of such an accident can linger long after the initial shock has faded. Physically, the injuries suffered – whether broken bones, head trauma, spinal damage, or even less visible injuries – may require weeks, months, or even years of treatment and rehabilitation. Emotionally, the impact can be just as profound. Many people in these situations experience anxiety, a fear of going outside, or even post-traumatic stress trying to come to terms with what happened.

Making a claim for compensation can be an important step in helping to move forward. Even if the driver cannot be identified, the Motor Insurers’ Bureau (MIB) exists to provide support for victims of uninsured or untraced drivers. This process is there for victims of hit and run accidents, ensuring access to the funds needed to cover medical expenses, replace lost income, and support recovery. While it may feel daunting, having a compassionate, experienced solicitor to work with you simplifies the process and enables you to focus on your recovery.

Pedestrian Accident Claims FAQs

What is the process for making a Pedestrian Accident claim?

The claims process for a pedestrian accident begins with establishing the facts of the incident and ensuring that the injured party receives the necessary medical attention. Seeking immediate treatment not only ensures your well-being but also provides vital medical records that will support your claim. Once your injuries have been assessed and documented, the next step is to contact a personal injury solicitor with experience in pedestrian accident claims.

Our team of experienced solicitors will begin by gathering evidence to build a strong case. This may include obtaining witness statements, reviewing CCTV footage, gathering photographs of the accident scene, and examining police or medical reports. It is important to provide as much detail as possible about the incident, including how it occurred, the injuries sustained, and any financial losses or expenses you’ve incurred as a result.

After compiling the evidence, we will determine who is liable for the accident. In most cases, this will be the driver of the vehicle that struck you. Once liability is established, the at-fault party will be notified or their insurer of your intention to make a claim. The insurer will then have an opportunity to investigate and respond, either accepting or disputing liability. If liability is accepted, negotiations will begin to reach a fair settlement that reflects the extent of your injuries, any ongoing medical treatment, loss of earnings, and other financial or emotional impacts.

If liability is disputed or the settlement offer is inadequate, we may recommend further legal action. This could involve filing a claim in court, although most cases are resolved through negotiation before reaching this stage.

What types of compensation can I claim for?

If you have been injured in a pedestrian accident, compensation is designed to support your recovery and address the full extent of the harm you have experienced. There are two primary aspects of compensation: general damages and special damages.

General damages focus on the physical and emotional impact of your injuries. This includes compensation for pain, suffering, and the loss of enjoyment in life. For example, serious injuries like broken bones, spinal damage, or head trauma may significantly affect your ability to perform daily activities or participate in the things you once enjoyed. In addition to physical pain, psychological effects such as anxiety, depression, or post-traumatic stress disorder are also taken into account, as these are often part of the long-term consequences of an accident.

Special damages, on the other hand, aim to cover the financial losses and expenses you’ve incurred as a result of the accident. These can include medical costs, such as hospital care, physiotherapy, surgeries, or medication, as well as any future treatments that may be necessary. If your injuries prevent you from working, either temporarily or permanently, compensation can cover lost earnings and any reduction in your future earning capacity. Travel expenses related to medical appointments or rehabilitation may also be claimed, alongside costs for any care or assistance you need, whether provided by professionals or loved ones. In cases of long-term disability, the compensation may include funds to adapt your home or vehicle to accommodate your new circumstances. Even items damaged in the accident, such as clothing or personal belongings, can form part of your claim.

Compensation addresses both the tangible and intangible effects of the accident and ultimately the goal of compensation is to help you get back on your feet and restore as much normalcy to your life as possible.

Can Pedestrian Accident Claims be made on behalf of someone else?

In situations where the injured party is unable to make a claim themselves, such as a child or someone lacking the mental capacity to act, a responsible adult can step in to represent their interests. This person, known as a “litigation friend,” takes on the responsibility of managing the claim and ensuring the injured individual receives the compensation they deserve.

If your child has been injured in a pedestrian accident, you can act as their litigation friend to make a claim on their behalf. Children under the age of 18 cannot legally manage their own claim, so it’s up to a parent or guardian to pursue compensation for their injuries. The settlement awarded will typically be placed in a court-approved account until the child turns 18, ensuring the funds are available for their future needs. However, in some cases, the court may approve early access to funds if they are required for immediate expenses such as medical treatment or rehabilitation.

Similarly, if an adult pedestrian lacks the mental capacity to make a claim due to the injuries sustained in the accident or a pre-existing condition, a family member, friend, or carer can step in as a litigation friend to act in their best interests. This ensures that the injured person’s rights are protected and they receive the support they need.
Making a claim on behalf of someone else requires careful consideration and adherence to legal procedures. Working with an experienced solicitor can provide invaluable guidance throughout the process, ensuring that the claim is handled effectively and that the injured person’s needs are fully addressed.

What if the driver that hit me fled the scene? Can I still claim?

If you were the victim of a hit-and-run, you can still make a claim through the Motor Insurers’ Bureau (MIB), which compensates victims of uninsured or untraced drivers. The MIB is a non-profit organisation funded by insurance companies, and it exists specifically to ensure that people like you are not left without support after such incidents.

To make a claim through the MIB, you’ll need to report the accident to the police as soon as possible, ideally within 14 days, and provide them with as much information as you can. Details such as the time, location, and circumstances of the accident, along with any witness statements or CCTV footage, can significantly strengthen your case. Medical evidence of your injuries is also essential to demonstrate the impact of the accident. While claims through the MIB can take longer than those made directly against an identified driver, they offer a vital route to secure compensation for your injuries, lost earnings, medical expenses, and any other financial losses.

Our solicitors are experienced in handling MIB claims and can guide you through the process, ensuring your application is thorough, therefore increasing the likelihood of a just result.

Can I still make a claim for compensation even though I (a pedestrian) was injured nearly a year ago?

Yes, you can. The general time limit for making a personal injury claim is three years from the date of the accident. This means you have up to three years to begin the claims process. However, there are some important factors to keep in mind.

The three-year time frame typically starts from the date the accident occurred or when you became aware of the injury, which is referred to as the “date of knowledge.” There are exceptions to this rule. For example, if the injured party is under 18, the time limit does not begin until their 18th birthday, allowing them to make a claim up until they turn 21. Similarly, if the injured person lacks the mental capacity to handle their own affairs, the time limit may be paused until they regain capacity. In very rare circumstances, courts may grant an extension to the time limit, but this requires exceptional justification.

Will I need to go to court?

One of the most common concerns for anyone considering an accident claim is whether the process will require them to go to court. In the vast majority of cases, claims are settled out of court through negotiations between your solicitor and the at-fault party’s insurance company. This process aims to reach a fair settlement that reflects the severity of your injuries, the financial losses you’ve incurred, and the overall impact on your life. However, there are instances where court proceedings may become necessary. If the at-fault party disputes liability or the insurance company refuses to offer an acceptable settlement, your solicitor may recommend taking the case to court. Disputed liability can present complex challenges, particularly in situations where evidence is limited or contradictory. For example, the driver may claim you were at fault for the accident, or there may be disagreements about the circumstances leading to the collision. In such cases, gathering and presenting strong evidence, such as CCTV footage, witness statements, police reports, or expert accident reconstruction analyses, becomes essential.

Another scenario that may require court involvement is if the responsible party is uninsured or has fled the scene. While the Motor Insurers’ Bureau (MIB) can handle such claims, disputes can still arise regarding the extent of your injuries or the level of compensation you are entitled to. Similarly, if there are multiple parties involved in the accident, establishing who is liable can become more complicated, potentially leading to legal proceedings.

If your claim does go to court, our solicitors will guide and support you throughout the process. They will ensure your case is presented clearly and effectively, using all available evidence to demonstrate the other party’s liability and the impact of the accident on your life. It’s worth noting that even when court proceedings are initiated, many cases are resolved through a settlement agreement before the trial date, as both parties often wish to avoid the additional time and expense of a full trial.

While the idea of going to court may feel intimidating, having our experienced solicitors by your side ensures you are well-prepared and supported. Their expertise and dedication to your case can make all the difference in achieving a favourable resolution, whether through negotiation or court proceedings. Rest assured, the goal is always to secure the compensation you deserve with as little stress and disruption as possible.