A pedestrian accident claim is a legal case brought by an injured pedestrian, or a bereaved family, against the driver whose negligence caused a collision, seeking compensation for pain, financial loss and ongoing care needs. Emaari Legal represents claimants across England and Wales on a no win, no fee basis, with a free consultation to assess the claim before anything is signed.
Being knocked down by a vehicle can leave a person with a serious or catastrophic injury, facing months of treatment, lost income and a long recovery. A pedestrian accident claim exists to recover the financial losses that injury causes and to fund the rehabilitation and adaptations a serious injury demands.
What if I was using a mobility scooter, wheelchair or bicycle, not just walking?
A pedestrian accident claim covers anyone struck while on foot, but the legal route changes if the claimant was using a different mode of travel at the time. Someone using a wheelchair or a mobility scooter on a pavement or pedestrian crossing is still treated as a pedestrian for the purposes of road traffic law, because they are not a “vehicle” driver in the relevant sense.
A cyclist struck by a car is not pursuing a pedestrian accident claim. Cycling collisions raise their own questions around road positioning, cycle lanes and the Highway Code rules for cyclists, and are dealt with as a distinct claim type. If a bicycle was involved, whether the claimant was riding or was a pedestrian hit by a cyclist, the relevant route is a cycling accident claim rather than a pedestrian one.
What is a pedestrian accident claim?
A pedestrian accident claim is a civil claim in negligence, brought by an injured pedestrian against the driver (or their insurer) who caused the collision. The claimant must show the driver owed a duty of care, breached that duty by driving without reasonable care, and caused the injury as a result.
Common scenarios Emaari Legal deals with include:
- A pedestrian struck on a designated crossing or pelican crossing.
- A pedestrian hit while crossing a road away from a crossing point.
- A driver reversing, turning, or failing to see a pedestrian in low light.
- A hit-and-run collision where the driver leaves the scene.
- A collision involving an uninsured or untraced driver.
- A fatal collision, where the claim is brought by the deceased’s estate or dependants.
Because Emaari Legal specialises in serious and catastrophic personal injury, the firm’s pedestrian accident work centres on collisions causing brain or spinal injury, amputation, complex fractures, serious psychological injury such as PTSD, or death, rather than minor bruising or short-lived soft-tissue injury.
How does the pedestrian accident claims process work?
The pedestrian accident claims process moves through evidence gathering, a formal letter of claim, negotiation with the driver’s insurer, and, where a settlement cannot be agreed, issuing court proceedings.
Typical stages are:
- Evidence preservation – photographs of the scene, witness details, CCTV or dashcam footage, and, where the police attended, the police accident report.
- Medical evidence – GP and hospital records, an independent medical examination, and a prognosis setting out likely recovery and long-term effects.
- Letter of claim – sent to the driver’s insurer under the Civil Procedure Rules’ pre-action protocol for personal injury claims, setting out how the accident happened and the injuries suffered.
- Insurer response – the insurer has a defined period to investigate and respond, admitting or denying liability.
- Negotiation – once liability and the medical picture are clear, damages are negotiated using the medical evidence and financial losses.
- Issuing proceedings – if no settlement is reached, the claim is issued in the County Court, or the High Court for higher-value or unusually complex claims, with trial as a last resort if the parties still cannot agree.
Where the claimant has been hospitalised or is not mobile, Emaari Legal will send a solicitor to visit at home or in hospital within 24 hours if required, so evidence can be gathered and advice given without the claimant needing to travel.
How much compensation is paid for a pedestrian hit by a car?
Compensation for a pedestrian accident claim is assessed under two heads: general damages for pain, suffering and loss of amenity, and special damages for financial losses. There is no fixed figure, because every injury and every claimant’s circumstances differ.
General damages are valued with reference to the Judicial College Guidelines, which set bands according to the type and severity of injury, such as brain injury, spinal injury, amputation or serious psychological injury. Special damages are calculated from the claimant’s actual losses and can include:
- Loss of earnings, past and future.
- Costs of care, whether from family or professional carers.
- Rehabilitation costs, including physiotherapy and psychological support.
- Home or vehicle adaptations following a permanent disability.
- Travel and medical expenses connected to the injury.
Because cases of this kind can be worth a wide range depending on severity and long-term impact, Emaari Legal does not quote figures before assessing the medical evidence. For a general view of how these heads of loss are calculated across personal injury work, see the firm’s guide to personal injury compensation amounts.
What is the time limit for a pedestrian accident claim?
The standard time limit for a pedestrian accident claim is 3 years from the date of the collision, under the Limitation Act 1980. Missing this limitation period can prevent a claim being brought at all, so early advice matters.
| Claimant or claim type | Time limit | Starting point |
|---|---|---|
| Adult pedestrian, standard claim | 3 years | Date of the accident |
| Child injured as a pedestrian | 3 years | From their 18th birthday (so up to age 21) |
| Claimant lacking mental capacity | Suspended | Time runs only while capacity is lacking, under s.28 of the Limitation Act 1980 |
| Fatal pedestrian accident | 3 years | Date of death (Fatal Accidents Act 1976 and Law Reform (Miscellaneous Provisions) Act 1934) |
| Driver untraced or uninsured (Motor Insurers Bureau route) | 3 years | Date of the accident |
| Criminal assault cases (CICA route) | 2 years | Date of the incident |
Fatal pedestrian accidents allow the deceased’s dependants to bring a claim under the Fatal Accidents Act 1976, and the estate to claim under the Law Reform (Miscellaneous Provisions) Act 1934 for losses suffered before death. A statutory bereavement award of £15,120 applies where the death occurred on or after 1 May 2020 (£12,980 for earlier deaths). Emaari Legal will visit a bereaved family at home within 24 hours if required, given how disorientating this period usually is.
What are the after-effects of a serious pedestrian accident?
A serious pedestrian collision can cause after-effects that persist long after visible injuries heal, including chronic pain, reduced mobility, psychological injury such as PTSD, and loss of confidence around traffic. These effects form part of the medical evidence that supports a pedestrian accident claim.
Independent medical examination and a documented prognosis are used to record how an injury is likely to progress, and rehabilitation needs identified early can be funded as part of the claim through interim payments where liability is admitted. Recording symptoms, attending GP and hospital follow-ups, and keeping a note of how the injury affects daily life all strengthen the medical picture a claim relies on.
Is a driver always at fault when hitting a pedestrian?
A driver is not automatically at fault simply because a pedestrian is struck; liability depends on whether the driver breached their duty of care to drive with reasonable skill and attention. Fault is established through evidence: witness accounts, CCTV, the police accident report, and the circumstances of the collision.
A pedestrian’s own conduct can reduce, but rarely removes entirely, a driver’s liability. If a pedestrian stepped into the road without looking, a court may find contributory negligence, reducing the compensation awarded rather than defeating the claim outright. Each case turns on its own facts, which is why early evidence gathering matters.
What insurance provision applies to the driver?
Every driver in England and Wales must hold compulsory motor insurance, which is the primary source of compensation in most pedestrian accident claims. Where the driver cannot be traced, or was uninsured, the claim is instead pursued through the Motor Insurers’ Bureau (MIB), a body established to compensate victims of uninsured and untraced drivers under a scheme separate from ordinary insurer claims.
Where there is no identifiable driver or vehicle at all, or the collision arose from a criminal act, a claimant may instead be eligible to apply to the Criminal Injuries Compensation Authority (CICA), which operates its own 2-year time limit and its own evidential requirements.
How long does a pedestrian accident claim take to resolve?
A pedestrian accident claim’s timing depends on how quickly liability is admitted and how long the medical prognosis takes to stabilise. Straightforward cases where liability is accepted early can settle once special damages are agreed; claims involving serious or catastrophic injury generally take longer, because the full extent of long-term care and loss of earnings cannot be valued until the medical picture is clear.
Issuing court proceedings does not mean the case must go to trial. Most claims that reach the County Court or High Court still settle by negotiation before a trial date, once both sides have full medical and financial evidence.
Do I need my own insurance to make a pedestrian accident claim?
A pedestrian does not need to hold personal injury insurance to bring a claim, because the claim is made against the driver’s compulsory motor insurance or, where relevant, the Motor Insurers’ Bureau. Some claimants already hold before-the-event legal expenses insurance through a motor or home policy, and whether this applies is checked during the free consultation as one possible funding route.
How is a pedestrian accident claim funded?
Emaari Legal funds pedestrian accident claims on a no win, no fee basis under a Conditional Fee Agreement, with a free consultation to assess the claim first. The full funding terms, including any insurance the claimant may need, are explained clearly before anything is signed, so there are no surprises about cost.
Emaari Legal holds the Law Society Personal Injury Accreditation and is a member of the Motor Accident Solicitors Society (MASS), and is authorised and regulated by the Solicitors Regulation Authority.
The wider rules for every road case sit on the road traffic accident claims page.
Cyclists injured in similar circumstances are covered on the bicycle accident claims page.
Frequently Asked Questions
How much compensation can I get for being hit by a car as a pedestrian?
There is no set figure: compensation depends on the injury’s severity under the Judicial College Guidelines plus the claimant’s actual financial losses. A free consultation with Emaari Legal reviews the medical evidence before any indication of value is given.
Is a driver always at fault when hitting a pedestrian in the UK?
No. Liability depends on the evidence showing the driver breached their duty of care; a pedestrian’s own conduct can reduce compensation through contributory negligence, but each case is assessed on its facts.
Can a pedestrian sue if hit by a car in the UK?
Yes. A pedestrian injured through a driver’s negligence can bring a civil claim against the driver, usually pursued against the driver’s motor insurer or, where the driver is uninsured or untraced, through the Motor Insurers’ Bureau.
What should I do immediately after being knocked down as a pedestrian?
Seek medical attention, report the collision to the police where possible, and gather evidence such as photographs, witness contact details and any CCTV footage while it is still available. Contacting a solicitor early helps preserve this evidence before it is lost.
Do I need to tell my insurance if I hit a pedestrian?
This question concerns drivers rather than injured pedestrians, but drivers are legally required to report a collision involving injury to the police and their insurer. An injured pedestrian does not need their own insurance to bring a claim against the driver responsible.
Free consultation on your serious-injury claim. Call 0330 441 6754 or request a callback. Speak to a specialist about your pedestrian accident claim today.
“No win, no fee” means we act under a conditional fee agreement: if your claim does not succeed you do not pay our fees, subject to the agreement’s terms. If your claim succeeds, a success fee is deducted from your compensation, capped by law at 25% of the damages awarded for your pain, suffering and past losses, and you may be liable for certain costs in some circumstances. We explain the full terms, including any insurance you may need, before you sign anything.
About this page. This page provides general information about the law in England and Wales. It is not legal advice and should not be relied on as legal advice; the right course of action always depends on the specific facts of your situation, and the law may have changed since this page was last reviewed. Strict time limits apply to personal injury claims, usually three years from the date of the accident or the date you first knew your injury was linked to it, with important exceptions (for example for children and for people who lack mental capacity). If you think you may have a claim, take advice as early as possible. For advice about your own circumstances, contact Emaari Legal on 0330 441 6754. Emaari Legal Ltd is authorised and regulated by the Solicitors Regulation Authority (SRA number 8007172).