Pedestrian accident compensation claims

Pedestrian personal injury claims

This website is owned and managed by Hudgell Solicitors. We are a specialist law firm helping accident victims across England & Wales obtain much needed compensation following a pedestrian accident. In this section of our site we discuss what happens when you are injured in a road accident and how our service operates. <br/>We also provide a case study (see below) that helps to clarify what injured pedestrians can expect when they pursue No win no fee claims. Under most circumstances road accident compensation claim can be made if it was not wholly your fault.

Road accidents involving pedestrians are common place and account for more than 24,000 casualties on Britain's roads. Here is a snapshot of the very latest accident statistics from 2013.

Accident statistics 2013

Cycle Accident fatalities rise 7%

183,670 casualties

4%

lower than 2012

Road Accident Casualties fell 6%

398 pedestrian deaths

5%

lower than 2012

Cycle Accident fatalities rise 7%

24,774 were seriously injured

3%

lower than 2012

The overall number of casualties fell for all types of road user compared with 2012.

The number of fatalities fell for almost all types of road user, with a fall of 11 per cent for car occupants, 5 per cent for pedestrians, 2 per cent for motorcyclists and 7 per cent for pedal cyclists.

 

Read more about our specialist accident claims service:

What we offer

  • We are a firm of solicitors not an online marketing service
  • We can start work on your case
  •  We can help you obtain physiotherapy and treatment if required
  • If your case is successful your legal bill is partly paid by the liable party
  • If your case is not successful - we will make no charge

Call our free pedestrian accident legal careline now on 0808 115 1421.

If you are a pedestrian who has been in collision with a motor vehicle then you might wish to know your rights about making a compensation claim.

Generally these claims involve serious personal injury and it is always sensible to seek formal legal advice on your situation.

Official 2006 Casualty figures from the Department for Transport - There were 675 pedestrian deaths 1% more than 2005. Serious casualties (inc fatalities) fell by 1% to 7,051. The all inclusive pedestrian casualty figure fell by 7% to 30,982

Car drivers carry a very heavy burden as far as pedestrians (and other road users) are concerned. They owe a duty of care that the law upholds and they must drive in a safe and reasonable manner at all times. If you have been hurt as a pedestrian in a road accident - you might be entitled to compensation.

Many people feel they may have been at fault for stepping out into the path of a motor car. However these claims are far from straightforward and we would always recommend obtaining a legal opinion.

Find out today whether you can claim - we offer a no win no fee service that means you wont pay a penny to pursue your case.

Please read our case study below for more information on pedestrian injuries and subsequent legal claims. Please also read the Governments road safety website - Think! and the official Highway Code website.

If you have been injured in an accident that was not your fault, your situation may be difficult to deal with. In these circumstances - you can and should consider making a claim for compensation. We can tell you how to make a whiplash claim if you have been involded in a road accident and suffered this type of injury, or help with any other type of injuries suffered whilst using the UKs roads.

We can help you claim and offer a totally free Pedestrian accident service where no costs are payable at any stage. All fees are paid by the responsible party's insurance company if we win your claim.

In establishing blame in road accidents the CrashCube is a big step forward. It records what vehicles were doing in the run up to the accident so investigators know what happened and shoul help improve road safety.

Pedestrian accident claim - case study:

Pedestrian accident compensation claim

The claimant was a pedestrian walking along a wide main road in broad daylight.

There were no crossing facilities nearby but the claimant needed to cross the road to visit a shop. There was a slight bend to the claimants left but he had a good view of the road and saw that there was no traffic on either side and it was safe to cross over to the other side. He made his way towards the centre of the road when he heard a car behind him with the engine revving noisily.

A car had come around the slight bend at a fast speed, the speed had forced the driver almost onto the opposite side of the road and he was veering straight for the claimant. There was an impact and the pedestrian was thrown onto the car bonnet before being thrown to the ground. The police attended and an ambulance was called to attend to the injuries suffered by the claimant.

The police questioned the car driver and witnesses who actually saw the incident. The claimant had suffered a broken Tibia on his right leg. He also sustained a minor head injury and general cuts and bruises. He was taken to the local Hospital and remained an inpatient for two days. On his release he learned from the police that the driver would probably not be prosecuted because there was a lack of corroborative witness evidence. They did not comment on who they felt was to blame - they rarely do in circumstances where no police action is being taken.

The claimant decided to make enquiries about a possible compensation claim and he found The Claims Connection website on the internet. He telephoned our free helpline and discussed his case with our specialists.

We felt that he had a strong case and so our road accident lawyers handled the claim on a no fee basis.

Within two weeks the first in a line of letters had been sent to the responsible driver telling him we intended to claim. We made contact with the insurers the driver and asked them to confirm their position on liability. This was denied initially but after they had read the official police investigation report, they admitted two thirds of liability. It was argued that the claimant should accept one third contributory negligence because he had crossed right in front of oncoming traffic. Witness evidence suggested otherwise and whilst there was insufficient evidence to convict the driver in a criminal court - there was more than enough to suggest civil negligence. After a short argument the insurers agreed to pay the claim in full.

The focus then switched to the personal injury claim and the claimants medical progress. The fracture had healed well without physiotherapy and he was returning to full fitness. After 7 months the claimant was progressing so well that we arranged to have him examined by an orthopaedic doctor - the doctor reported back to both the solicitor and the insurers on the claimants condition and his likely recovery period. The cost of this evidence was paid in full by the insurers. The doctor agreed that the claimants recovery was well on course and that after 18 months he should have no ill effects or residual weakness.

His claim for pain and suffering was agreed at £5000 which included minor psychological elements and soft tissue injuries. He also received £2500 loss of earnings along with £500 for miscellaneous items such as care and services necessary after his release from hospital. His costs were also paid in full.

Summary

This case illustrates a number of important points. Whilst the claim settled in a straight forward manner, there was initially a fight on liability. The argument was won as a result of our legal teams experience and application in promoting the supportive evidence available to us. In addition the claimant had acted reasonably in crossing the road when he did and there were no crossing facilities available to him.

Pedestrian cases are seldom straightforward and legal representation is always recommended to ensure that you gain the best possible settlement.

The case also dispels the myth that if a car driver is not prosecuted then he cannot be held liable for an incident.

The truth of the matter is that in a civil court, the burden of proof is less than in a criminal court so the actions of both parties are examined thoroughly in order to determine who was negligent.

 

The claimant was able to claim in the knowledge that win or lose the claim would not cost him a penny under our England & Wales "No win No fee" scheme.

Other resources

car accident claims - road traffic accident - cycle accident brake road safety - bus accidents - motorcyclist accident - solicitor helpline - motor accident solicitors - fall in a supermarket - car accident injuries - car crash - seat belt law   

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