LEGAL GUIDE · ENGLAND & WALES
Pedestrian Accident Specialists
Being struck by a vehicle as a pedestrian is one of the most traumatic and physically devastating types of road accident. Without any protective barrier between you and the vehicle, even a low-speed impact can result in serious injury. If you or a family member has been injured as a pedestrian due to a driver’s negligence — or due to a poorly maintained road or pavement — you are entitled to claim compensation.
This guide explains who can be held liable, what compensation you can recover, what happens if the driver was uninsured or fled the scene, and how to start a claim with no upfront cost.
Key statistic:The Department for Transport reports that pedestrians account for around a quarter of all serious road casualties in Great Britain each year. Children and older adults are disproportionately represented in serious pedestrian injury statistics.
Injured as a pedestrian?
Get a free assessment from our road traffic accident claims team today.
Who Is Liable for a Pedestrian Accident?
Liability depends on the cause of the accident. In most pedestrian injury cases, one or more of the following parties may be responsible.
The Driver of the Vehicle
The most common cause of pedestrian accidents is driver error — failing to give way at a pedestrian crossing, not checking for pedestrians before turning, distracted driving, or speeding in areas where pedestrians are present. A driver owes a duty of care to all road users, including pedestrians. If their negligence caused your injuries, their motor insurer is liable under the Road Traffic Act 1988, which requires all drivers to hold third-party motor insurance
The Local Highway Authority
If your accident was caused by a defect on the pavement or road — a broken kerb, a sunken manhole cover, a flooded footpath — the local council may be liable under section 41 of the Highways Act 1980 for failing to maintain the public highway in a safe condition. This type of claim runs alongside or instead of a claim against a driver, depending on the cause of the accident. For more detail, see our guide: Pavement Trip and Pothole Claims — Claiming Against the Council.
A Cyclist
Pedestrians can also be injured by negligent cyclists — on shared paths, at crossings, or on pavements. A claim can be brought against a negligent cyclist in the same way as against a driver, though cyclists are not required to hold liability insurance, which can make enforcement more difficult if they have no assets. If the cyclist caused a serious injury and has no insurance, the Motor Insurers’ Bureau does not apply — you would need to pursue the cyclist personally.
Employers and Businesses
If you were injured on private land — such as a supermarket car park, a business forecourt, or a delivery yard — the occupier of those premises may be liable under the Occupiers’ Liability Act 1957 if the vehicle was operating on their land and they failed to manage the risk of vehicle-pedestrian conflict adequately.
What If the Driver Was Uninsured or Left the Scene?
Pedestrians who are struck by uninsured or untraced drivers are not left without a remedy. The Motor Insurers’ Bureau (MIB) exists specifically to compensate victims of:
- Uninsured drivers — under the MIB Uninsured Drivers Agreement. Your claim is made against the MIB rather than an insurer, and the compensation available is the same as if the driver had been insured.
- Untraced drivers (hit and run) — under the MIB Untraced Drivers Agreement. You must have reported the accident to the police — do this immediately after any hit-and-run accident. Claims generally must be submitted within three years of the accident.
MIB claims are more procedurally complex than standard road traffic accident claims. NJS Law has experience managing MIB cases and will handle the process on your behalf.
Injured as a pedestrian — including by an uninsured or untraced driver?
NJS Law will assess your claim for free.
Get your free claim assessment.
Does Contributory Negligence Affect a Pedestrian Claim?
Yes, it can. If the defendant argues that your own conduct contributed to the accident — for example, crossing outside a designated crossing point, stepping into the road without looking, or walking in a road while distracted — your compensation may be reduced to reflect your share of the responsibility. This is called contributory negligence under the Law Reform (Contributory Negligence) Act 1945.
Importantly, contributory negligence is a reduction, not a bar. Even if you are found to have been partially at fault, you can still recover the portion of your loss attributed to the driver’s negligence. Courts in England and Wales also recognise that drivers owe a heightened duty of care in situations where they ought to anticipate the presence of pedestrians — near schools, in residential areas, at night, and in poor weather.
For a full explanation of contributory negligence, read: Can I Claim If the Accident Was Partly My Fault?.
How Much Compensation Can You Claim?
Because pedestrians have no physical protection from impact, injuries in pedestrian accidents tend to be severe. Compensation is assessed under two headings.
General Damages — the Injury
Values are taken from the Judicial College Guidelines, 18th edition (2026). Common injuries in pedestrian accidents and their approximate ranges include:
|
Injury |
Approximate Range |
|
Soft tissue injury — minor (full recovery within 3 months) |
Up to £3,240 |
|
Leg fractures — moderate (some ongoing disability) |
£23,730 to £51,790 |
|
Pelvis / hip fracture — significant |
£16,640 to £51,750 |
|
Back injury — severe (disc lesion, nerve damage) |
£51,230 to £116,820 |
|
Moderate brain injury (cognitive and physical effects) |
£56,890 to £289,420 |
|
Severe spinal cord injury (paraplegia) |
£289,420 to £375,540 |
|
Moderate PTSD / psychological injury (good recovery) |
£7,740 to £30,580 |
|
Severe PTSD / psychological injury (permanent) |
£72,440 to £152,900 |
Special Damages — Financial Losses
All financial losses caused by the accident are recoverable, including:
- Lost earnings — past and future, including loss of earning capacity
- Medical treatment, surgery, physiotherapy, and rehabilitation
- Care costs — including the value of care provided by family members
- Home adaptations if the injury affects your mobility
- Travel to medical appointments
- Damaged clothing and personal property
What Evidence Do You Need?
- Police report and incident number — always report a pedestrian accident involving injury to the police
- Driver details — name, address, vehicle registration, and insurance company
- CCTV and dashcam footage — request preservation immediately; footage is routinely overwritten within 28–31 days
- Witness details — names and contact numbers of bystanders who saw the accident
- Photographs — the scene, road markings, vehicle position, your injuries
- Medical records — attend A&E or your GP immediately and describe exactly how the accident happened
Time Limit for Pedestrian Accident Claims
The standard three-year limitation period under the Limitation Act 1980 applies. You have three years from the date of the accident to issue court proceedings. Exceptions apply for children (three years from their 18th birthday) and those who lack mental capacity. For MIB untraced driver claims, there is an obligation to report to the police promptly and to submit the claim within three years of the accident. For full details: Personal Injury Claim Time Limits in England and Wales.
No Win No Fee Pedestrian Accident Claims
NJS Law handles all pedestrian accident claims on a No Win No Fee basis. You pay nothing to start your claim. If your claim is unsuccessful, you owe nothing. If you win, a success fee — agreed with you in advance — is deducted from your compensation.
No Win No Fee: The law limits our success fee to 25% of the compensation for pain, suffering and loss of amenity and for past financial losses, after any state benefits are repaid. Compensation for future losses is not counted. If you win, our success fee is deducted from your compensation. It is a percentage of our basic charges, and the law limits it as set out above. Any After the Event insurance premium is payable only if you win, and is never charged upfront. Your letter of engagement sets out exactly what you will pay for your type of claim, and we explain it before you sign. If you lose, you pay us nothing. This applies as long as you keep to your responsibilities under the agreement. You may have to pay costs if you end your claim early, fail to beat an offer the other side made, or a court finds your claim dishonest or exaggerated; where we have arranged After the Event insurance, it covers some of these costs if you keep to the policy's terms. See exactly what you pay.
FREE, NO-OBLIGATION ASSESSMENT
Injured as a pedestrian?
We gather the evidence, value your claim and negotiate with the insurer.
No Win No Fee · SRA Regulated · Specialist Road Traffic Accident Solicitors
Frequently Asked Questions
Can I claim compensation if I was hit by a car as a pedestrian?
Yes. If a driver’s negligence caused your injuries, you can claim against their motor insurer under the Road Traffic Act 1988. If the driver was uninsured or fled the scene, the Motor Insurers’ Bureau will compensate you in their place. NJS Law handles both standard and MIB claims on a No Win No Fee basis.
What if I was partly to blame for the accident — can I still claim?
Yes. Contributory negligence reduces your compensation proportionally but does not prevent you from claiming. For example, if you are found 25% responsible and your injuries are valued at £40,000, you would recover £30,000. Courts apply a heightened duty of care to drivers in areas where pedestrians are expected, which often limits any reduction.
What happens if the driver who hit me has no insurance?
You claim through the Motor Insurers’ Bureau (MIB) under the Uninsured Drivers Agreement. The MIB compensates pedestrians and other road users injured by uninsured drivers. The process is more complex than a standard claim and it is strongly advisable to instruct a solicitor experienced in MIB claims.
The driver drove away — can I still claim?
Yes, through the MIB Untraced Drivers Agreement. You must report the accident to the police as soon as possible and submit your claim to the MIB within the required time limits. Even without the driver’s details, a claim can succeed if the police have been notified and there is independent evidence of the accident — witnesses, CCTV, or medical records.
How long does a pedestrian accident claim take to settle?
Minor injury claims can settle in 9 to 18 months where liability is admitted. Serious injury claims — particularly those involving head injuries, spinal injuries, or long-term disability — typically take 2 to 4 years, as the full extent of your losses (including future care and earnings) needs to be properly assessed before any settlement is reached.
This article is for general information only and does not constitute legal advice. Figures are subject to change by statutory instrument — verify the current tariff before relying on them.
For advice on your specific circumstances, please contact NJS Law directly.
For a full overview of pedestrian accident claims, including eligibility, time limits and the claims process, see NJS Law’s pedestrian accident claimsservice page.
Thinking about a claim? Read about Pedestrian Accident Claims and how No Win No Fee works, or send us your enquiry.