Pedestrian Accident Claims

The first step is to get in touch with us. This initial conversation will help you to understand whether you are eligible for compensation and there will be no obligation to make a claim.

We'll listen to your story and answer your questions. We'll also try to get a better understanding of what happened and the effects it has had on your life. Then we'll be able to let you know if you're in a position to make a claim.

If you decide you'd like to take the next steps, we will pass you on to one of our no win no fee partner solicitors.

Then, your new legal team will get in touch with the other party and negotiate on your behalf. They'll consider the full effects of your injury and do everything they can to make sure you receive the full amount you're owed.

Most claims are required to either have been settled within three years, or for court proceedings to have been started. It's best to claim as soon as possible so your memory is fresh, and evidence is recent and easier to gather.

This three-year period is often referred to as the limitation period, which is the time by which you must either settle your claim or start court proceedings.

There are, however, a few exceptions:

• When claiming on behalf of a child - you can make a claim for a child injured in a pedestrian accident at any time until their 18th birthday. After turning 18, they have until age 21 to either settle their claim or start court proceedings.
• If the injury victim lacks the mental capacity to do it themselves there are no time limits for claiming. This could be as a direct result of the injury they've suffered or a pre-existing medical condition. However, if the Claimant regains mental capacity after the accident, even if only temporarily, then the three-year limit starts from then.
• In the case of a fatal pedestrian accident, you can claim on behalf of a loved one. The usual three-year limitation period applies from the date of their passing, or from the date it was discovered that the pedestrian accident was the cause. Within this period, the claim must either be resolved or legal proceedings must have commenced.

While many claims are settled within 12-24 months, ultimately, it depends on how complex your case is. The type, severity and circumstances of your injuries, plus the time it takes to gather all the necessary medical evidence can impact the time it takes to settle.

Your legal team will keep you updated throughout the process, so you know what to expect at every stage.

Quite simply, yes. If you're thinking of making a claim on behalf of a friend or loved one, then it's likely we can help you. You can help someone start their claim, supporting them through their phone consultations, or act as a litigation friend.

A litigation friend can claim on behalf of a child, or someone who lacks the mental capacity to manage the process themselves. You can even claim on behalf of a loved one who lost their life in a fatal pedestrian accident. The National Accident Helpline team are experienced in supporting people to navigate these claims and get justice their loved one deserves.

If you're looking to claim for a fatal pedestrian accident, you have three years from the date of the accident to start court proceedings. Our compassionate advisors will support you through the initial process and connect you with a solicitor to fight your case.

Claiming compensation after the death of a loved one can help you to get justice for their loss and support you with the financial impact of their death.

Pedestrians can be at fault in an accident where they are hit by a car, as they have a responsibility to be aware of their surroundings and follow safety rules. While drivers have a duty of care towards pedestrians, it doesn't mean they're always fully at fault for accidents harming pedestrians.

Here's why a pedestrian might be found to be partly or fully at fault:

• Failing to look properly before crossing.
• Crossing recklessly - for example, stepping out from behind parked cars.
• Ignoring traffic signals and safety signs.
• Wearing dark clothing at night in poorly lit areas.
• Being intoxicated or distracted.

If a pedestrian's actions are deemed to have contributed to the accident, they may be found partially at fault, which can reduce the amount of compensation they can receive.

If you were only partly to blame for the accident that caused you harm, for example if you didn't look properly when crossing the road, you may still be able to claim compensation.

You may be able to agree “split liability” with the other party. Your legal team will help you understand who was at fault in our initial consultation, and whether you could claim with in a split liability basis, so don't worry if you aren't sure.

The best thing to do is be open and honest with your personal injury advisor and your legal team, then they'll be able to give you clear advice about whether you could claim.

Even if the driver at fault didn't stop, and cannot be identified, you may still be able to pursue compensation through the Motor Insurers Bureau (MIB), which compensates victims of uninsured and untraced drivers.

To increase your chances of a successful hit and run claim, gather as much evidence as possible, such as witness statements, CCTV footage, or photos of the scene. You must also contact the police immediately, as you may not be able to make a claim through the MIB unless you have and in any event their report could play a key role in supporting your claim.

If you were injured by an uninsured driver or involved in a hit-and-run, then we may still be able to help you. In these cases, road traffic accident claims are paid by the Motor Insurers' Bureau (MIB).

While witnesses can be a great source of evidence for your pedestrian accident claim, they aren't a requirement. Other evidence includes:

• Your injuries - how the accident happened may be evident in the injury you've sustained. To process you're claim, it's likely you'll be required to attend a medical assessment, which will be used as evidence in supporting your claim.
• Photos and videos - whether snapped by you at the scene, or collected later via CCTV footage, photo and video evidence can help form solid evidence for a claim.

If you're worried, chat to one of our friendly advisors and they'll advise whether you could claim compensation.

In 2022, the UK's Highway Code had several updates to protect pedestrians from other road users, creating a hierarchy of road users to stress that those most at risk must be given the greatest protection. This reverses the age-old belief that roads belonged solely to cars.

The changes for relevant to pedestrians include:

• A requirement for drivers at junctions to give way to pedestrians crossing or waiting to cross a road into which or from which they are turning.
• When in school zone, or busy pedestrian areas, drivers should be mindful - especially of children who may step unexpectedly into the road, maintaining appropriate speed for the conditions can help to avoid unnecessary harm.

It's important that all road users stay up to date with changes to the Highway Code and a lack of knowledge of the changes is not a defence. If you were injured on the road while following these rules, you will likely have a strong case for your compensation claim.