In the eyes of the law, even though a pedestrian does not have a vehicle, they are still ‘road traffic users’ and so, if they are involved in any incidents with a motor vehicle, or anything with an engine, it is still a road traffic accident. Most commonly, these incidents involved pedestrians crossing the road and being hit by cars that either do not stop, either due to inattention or because they are travelling too fast, drivers who lose control or sometimes those that mount the pavement either by accident or due to impairment because of drink or drugs. 

 

Any circumstance where a vehicle collides with a pedestrian is deemed to be a pedestrian road traffic accident. If you are injured as a result, you will then be entitled to make a pedestrian road traffic accident personal injury claim. There is even a specific legal protocol for this type of claim as it is deemed to be different to injuries where both parties were car drivers and so, medical evidence is obtained under a less rigid protocol to allow for the more varied and often more serious injuries to be properly documented. 

 

So, any personal injury claim brought as a result of your being injured by a vehicle of some kind on, or adjacent to a road, will likely class as a pedestrian road traffic accident claim. MG Legal’s expert personal injury solicitors are regularly instructed to deal with this type of claim and so, we can help you on a no win no fee basis to recover the compensation you deserve for your injuries. 

 

• Head injuries including skull fractures, concussions and traumatic brain injuries. 

 

• Internal injuries such as internal bleeds, bruising or ruptures to internal organs, rib fractures and lung punctures. 

 

• Spinal injuries from full spinal fractures and cord severance leading to paralysis to disc injuries, muscular strains and bruising. 

 

• Pelvis injuries including fractures due to this often being at the same height as the vehicle’s bumper, bonnet or boot. 

 

• Fractures to limbs and extremities either from impact or crush injuries. 

 

• Lacerations either from contact with broken glass, the road surface or other parts of vehicle or road furniture. 

 

• Soft tissue injuries from severe ligament and tendon damage to strains and sprains to muscles. 

 

• Scarring caused either by the above injuries of from being pushed or dragged along the road surface. 

 

• Death – it is a sad fact that pedestrians hit by motor vehicles have a higher mortality rate than other vehicle drivers. 

 

This type of payment, before a claim is fully settled, is known as an Interim Payment. Generally, these types of payment are only made if your opponent has admitted liability for the incident and they are, of course, offset against any final compensation sums that are agreed. It is not always possible to get these payments. However, if making an early payment will benefit both sides, such as reducing losses or speeding your recovery, it is generally agreed that payments can be released early, and our personal injury solicitors will ask for an interim payment, to get you back on your feet. 

 

Often, these discretionary payments are requested if you are unable to work because of your injuries or to fund treatment to speed your recovery along and in some cases, to buy equipment that gives you immediate mobility, such as wheelchairs or specialist chairs for work. MG Legal’s Personal Injury Specialists know that being injured as a pedestrian in a road traffic accident can turn your life upside down and so, if we are able to secure you an interim payment to take the pressure of any bills, we will do our very best to do so. 

 

This is sometimes even possible with the Motor Insurer’s Bureau and if your driver has been traced, the Motor Insurer’s Bureau also have a scheme to fund interim payments. 

Your personal injury compensation, also known as Damages, come in two categories. General Damages, also known as an award for “Pain, Suffering and Loss of Amenity” are based primarily on medical evidence detailing your injuries and any recovery period or long term, or indeed short term impact on your daily life. General Damages are calculated, by personal injury solicitors, barristers, and judges alike, using a book known as the Judicial Studies Board Guidelines (JSB) which is updated around once every two years using most recent awards for all conceivable types of injuries. You will see this book on the desk or in the briefcase of pretty much every personal injury solicitor, barrister and Judge who deals with Personal Injury. 

 

Every one of us is different, and the effects of any injury we suffer will be completely subjective, so, if it is not possible to agree a value for your damages based on the JSB, specific Case-Law from previous cases can be considered as well. Often this is drawn together in a “Counsel’s Opinion” which is a specially ordered advice from a barrister. Barristers are independent and whilst they have a duty to each client, their view is often considered to be more impartial. 

 

The other part of your claim is known as Special Damages. Just think of special damages are literally any other loss that you have sustained, arising out of your road traffic accident, that is not your personal injury. This means that special damages are any other financial losses linked to your claim. Usually these include Lost Earnings, Care Costs, Medication Costs, Travel Expenses and in the case of more serious injuries, longer term implications like future Lost Earnings, future care needs and adaptation of homes or the purchase of a new home. 

 

In the unlikely event that it is not possible to agree what is known as a global (overall) settlement with the fault party, the final decision lies with a Judge who will hear everyone’s evidence, including from medical experts in higher valued cases, before deciding the sum that the fault party must pay to you.  

Subject to the Limitation Act 1980, if you have been injured as a result of a pedestrian road traffic accident you have three years to pursue a claim for personal injury. There are exceptions, for those under 18 years old at time of the injury, in that minors have three years from their 18th birthday within which to make a personal injury claim. Time limits may differ if you are acting on behalf of someone with limited mental capacity, if you are acting as guardian or subject a lasting power of attorney. If you have any questions or queries, then please do not hesitate to contact one of MG Legal’s personal injury experts, here… 

At MG Legal, each solicitor takes a personal interest in each case and we have a dedicated department dealing with personal injury claims occurring in road traffic accidents. Our team is well versed in the ‘small-print’ within the Road Traffic Act 1988, the Highway Code and many of the commonly quoted pieces of Case Law, as well as having extensive experience of dealing with all types of injury and settling claims successfully at all stages of the process. Whilst it is highly unlikely that your claim will run all the way to Court, the vast majority settle without the need for Court proceedings at all. At MG Legal, our pedestrian accident compensation solicitors are not afraid of a denial of liability and our success rate, which exceeds 99%, is testament to the fact that when we take a claim on, we explore every avenue of argument, and employ every negotiating tactic learned throughout lengthy careers in the field of personal injury. When you instruct MG Legal's personal injury experts, we really will ensure your claim has the best chance of success at every step. We believe that our confidence in our own ability is demonstrated by the fact that every personal injury claim we accept is on the basis of a Conditional Fee Agreement, also known as a no win no fee agreement, which means that if we do not succeed for our client, we do not get paid for our work.