This guide looks at whether there is an average settlement for a pedestrian hit by a car. As you read on, you will find information on what road traffic accident compensation payouts could comprise and how they are calculated.
Is There An Average Settlement For A Pedestrian Hit By A Car?
Additionally, our guide discusses when you could be eligible to make a personal injury claim as a pedestrian injured in a car accident. We also examine the time limits you must adhere to when initiating legal proceedings for your case.
You can also find information on the duty of care road users owe one another and the ways a pedestrian accident could occur if this duty is not upheld by a driver.
Furthermore, we discuss the evidence that could be useful in strengthening your case.
To conclude, we look at how instructing a solicitor on a No Win No Fee basis could help you.
To learn more about road traffic accident claims, you can contact one of our advisors today by:
- Calling on 0113 460 1216
- Enquiring about making a claim online
- Chatting to an advisor via the live chat on our website
Choose A Section
- Is There An Average Settlement For A Pedestrian Hit By A Car?
- When Are You Able To Claim As A Pedestrian Hit By A Car?
- Evidence For Proving Driver Negligence In A Pedestrian Accident Claim
- Is There A Time Limit When Making A Pedestrian Accident Claim?
- Start A Pedestrian Accident Claim On A No Win No Fee Basis
- Learn More About Pedestrian Claims
Is There An Average Settlement For A Pedestrian Hit By A Car?
Whilst you may wonder if there is an average settlement for a pedestrian hit by a car, it can be difficult to provide an average as each payout differs depending on the unique facts and circumstances of each case. Also, different factors are considered when valuing compensation, including:
- How your injuries have impacted your quality of life
- Treatments you’ve had to undergo to recover
- The time it takes you to recover
- If there are any financial costs incurred due to your injuries
However, if you were injured as a pedestrian due to a driver breaching their duty of care, you might be eligible to make a personal injury claim. Following a successful claim, a compensation payout comprising up to two heads of claim could be awarded.
The first is called general damages, compensating you for the pain and suffering caused by your injuries. To help calculate how much the general damages portion of your claim could be worth, a document called the Judicial College Guidelines (JCG) could be used. The JCG provides guideline award brackets for different injuries. You can find figures from this document in the table below. However, please only use these as a guide because settlements can vary.
Compensation Table
Injury | Severity | Compensation | Notes |
---|---|---|---|
Neck | Severe (i) | In the region of £148,330 | Associated with incomplete paraplegia or causing spastic quadriparesis of a permanent nature. |
Moderate (i) | £24,990 to £38,490 | Fractures or dislocations, causing immediate symptoms and which may require surgery in the form of a spinal fusion. | |
Arm | Severe | £96,160 to £130,930 | Falling short of an amputation but extremely serious and leaving the person little better off than if they had the arm amputated. |
Less Severe | £19,200 to £39,170 | Significant disabilities but a substantial degree of recovery is expected. | |
Foot | Very Severe | £83,960 to £109,650 | Permanent and severe pain or a really serious permanent disability. |
Serious | £24,990 to £39,200 | Continued pain from traumatic arthritis and risk of fusion surgery. | |
Brain | Moderate (iii) | £43,060 to £90,720 | Concentration and memory affected, with a reduction in the ability to work. There is also a small epilepsy risk and an effect on senses. |
Less Severe | £15,320 to £43,060 | The individual will make a good recovery but some problems may persist, such as poor concentration and an effect on the person's mood. | |
Back | Severe (ii) | £74,160 to £88,430 | Nerve root damage with associated sensation loss, mobility impairment, impaired bowel and bladder function and scarring. |
Moderate (ii) | £12,510 to £27,760 | Disturbance of ligaments and muscles, leading to backache. |
Claiming Financial Losses In Pedestrian Accident Claims
The second head of claim you could receive is called special damages. Special damages compensate you for any reasonable monetary losses you incur due to your injuries. This could include both past and future losses such as:
- Lost income
- Domestic care costs
- Travel expenses
- Medical costs
To find out more about compensation payouts for successful pedestrian accident claims, please call an advisor on the number above.
When Are You Able To Claim As A Pedestrian Hit By A Car?
Road users, such as car drivers, owe a duty of care while navigating the roads to prevent injury and damage to themselves and others. Road users must adhere to the Road Traffic Act 1988 and the Highway Code to comply with this duty.
To make a personal injury claim, you must satisfy the eligibility criteria and show that:
- There was a duty of care owed to you by another road user.
- A breach of this duty occurred.
- You suffered an injury due to this breach.
The above points lay the foundation of negligence in claims for a personal injury. If you can demonstrate with evidence that negligence happened, it may be possible for you to seek personal injury compensation.
Examples Of How A Pedestrian Could Be Hit By A Car
There are several ways you could be injured as a pedestrian after being hit by a car. For example:
- You could be involved in a pedestrian crossing accident when a driver fails to stop while you’re using a zebra crossing. This could lead to them running you over and causing you to sustain a broken rib and spinal damage.
- A speeding driver may turn a corner too quickly causing them to lose control of their vehicle, knocking you over and leaving you with a head injury.
- You might endure injuries due to someone drink driving. Because they are intoxicated, they swerve onto the pavement and hit you, leaving you with a neck injury.
Contact our team of advisors now to find out if you could be eligible to seek compensation and to discuss the potential average settlement for a pedestrian hit by a car.
Evidence For Proving Driver Negligence In A Pedestrian Accident Claim
Evidence can help prove driver negligence so you might wish to consider gathering the following to strengthen your case:
- CCTV footage showing the accident
- Pictures of the accident and your subsequent injuries
- Witness contact details
- Medical records, such as blood test results or copies of scans
- Police report
Contact our team of advisors now for a free consultation. If your case is valid, they could assign your case to a solicitor from our panel who could help you gather such evidence as part of the services they provide. Additionally, they can present your case in full and ensure legal proceedings are started within the time limit applicable.
Is There A Time Limit When Making A Pedestrian Accident Claim?
In addition to satisfying the eligibility criteria, you must initiate legal proceedings within the time limit for personal injury claims. As per the Limitation Act 1980, you generally have three years from the date of your accident to start your claim.
However, there are exceptions that could be applicable in certain cases. For example, if someone lacks the mental capacity to claim, the limitation period has a pause placed on it. During this time, a litigation friend could be appointed for them by the courts. If the person gained the capacity to claim, and no case had already been started, they would have three years to begin one themselves.
In circumstances where someone under 18 is injured, they wouldn’t be able to claim for themselves. Again, the time limit will be paused and the courts could appoint a litigation friend to claim for them. Alternatively, the claimant could wait for their 18th birthday to claim for themselves, with the time limit starting on this date.
To learn more about the time limits and its exceptions, contact our team of advisors now.
Start A Pedestrian Accident Claim On A No Win No Fee Basis
Providing you have an eligible pedestrian accident claim, you could be eligible to work with a solicitor from our panel under the terms of a Conditional Fee Agreement. This is a type of No Win No Fee agreement and typically means:
- There are no upfront fees to instruct a solicitor and access their services.
- No costs will need to be paid to your solicitor for the work they do as your claim progresses.
- If your claim doesn’t succeed, you won’t be required to pay for the services you had been provided by your solicitor.
- If your claim succeeds, you will pay a success fee. Your solicitor will take this from your compensation as a percentage which has a legal cap. You will have the opportunity to discuss this fee with them before any work is carried out on your case.
Our panel of solicitors have experience handling different types of road traffic accident claims and can offer several helpful services, including assistance gathering evidence and building your case.
To find out whether you could be eligible to instruct them to begin working on your case, contact an advisor today. An advisor can also answer any questions you might have about your eligibility to claim, the average settlement for a pedestrian hit by a car, and what working with a No Win No Fee solicitor could entail. You can get in touch by:
- Calling on 0113 460 1216
- Enquiring about making a claim online
- Chatting to an advisor via the live chat on our website
Learn More About Pedestrian Claims
For more of our helpful guides:
- Find out how to claim compensation for a broken foot following an accident that wasn’t your fault.
- Learn if you could claim compensation after suffering a concussion in an accident caused by a third party’s negligence.
- Read our guide discussing split liability claims.
For some external resources, please look below:
- NHS – When to call 999
- GOV.UK – Road accidents and safety statistics
- Think! – Advice for road users
Thank you for reading our guide on whether there is an average settlement for a pedestrian hit by a car and when you could be eligible to make a claim. If you have any other questions, please contact an advisor on the number above.
Writer Will Grey
Editor Meg McConnell