What the law requires
A driver owes pedestrians a duty to drive at a speed and in a manner that allows for people being where people are — near schools, near crossings, on residential streets and in car parks. The revised Highway Code places pedestrians at the top of the hierarchy of road users.
Contributory negligence is argued in most pedestrian cases and is very often overstated. It reduces a claim by a share; it does not end one.
What decides a claim like this
Liability is established on records far more often than on recollection. In this kind of claim the documents that matter most are:
- CCTV, which in a town centre or a car park usually exists but is overwritten within days or weeks.
- The point of impact on the vehicle, which indicates speed and whether the driver braked.
- Street lighting, sightlines and whether a crossing was controlled.
- Any police collision investigation, particularly where the injuries were serious.
What to do now
The evidence that decides these claims has a short life. If the accident was recent:
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1
Report it Tell the police if anyone was hurt or a driver failed to stop, and report it to your insurer even if the other driver was at fault.
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2
Get the details Registration, name, address and insurer of every vehicle involved, plus contact details for anyone who saw it.
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3
Photograph everything Final positions, damage to both vehicles, skid marks, road layout and any signage or signals.
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4
See a doctor A record made close to the accident is the strongest evidence that the injury came from it.
How long you have to claim
The general limitation period for a personal injury claim is three years from the date of the accident, or from the date you first knew the injury was significant and attributable to someone else. If you were under 18 at the time, the three years runs from your eighteenth birthday. Where the injured person lacks mental capacity, time may not run at all.\n\nThe practical deadline is shorter than the legal one. CCTV is overwritten, defects are repaired and records are archived, so a claim started early is almost always a stronger claim.
How we work
We assess the claim, obtain the records that decide it, instruct an independent medical expert and deal with the insurer throughout. Personal injury claims of this kind are run on a No Win, No Fee agreement: there is nothing to pay upfront, and nothing to pay us for our work if the claim does not succeed. A success fee is deducted from the compensation if it does, and we set that out in writing before you commit to anything.