LEGAL GUIDE · ENGLAND & WALES
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.
Liability depends on the cause of the accident. In most pedestrian injury cases, one or more of the following parties may be responsible.
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
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.
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.
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.
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:
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.
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?.
Because pedestrians have no physical protection from impact, injuries in pedestrian accidents tend to be severe. Compensation is assessed under two headings.
Values are taken from the Judicial College Guidelines (18th edition, April 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 £3,150 |
Leg fractures — moderate (some ongoing disability) | £27,760 – £39,200 |
Pelvis / hip fracture — significant | £39,170 – £52,500 |
Back injury — severe (disc lesion, nerve damage) | £38,780 – £69,330 |
Moderate brain injury (cognitive and physical effects) | £90,720 – £150,110 |
Severe spinal cord injury (paraplegia) | £219,070 – £322,060+ |
Moderate PTSD / psychological injury (good recovery) | £9,980 – £21,730 |
Severe PTSD / psychological injury (permanent) | £59,860 – £100,670 |
All financial losses caused by the accident are recoverable, including:
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.
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. You bear no financial risk in finding out whether you have a claim.
FREE, NO-OBLIGATION ASSESSMENT
Injured as a pedestrian?
NJS Law will fight to get you the full compensation you deserve.
No Win, No Fee · SRA Regulated · Specialist Road Traffic Accident Solicitors
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.
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.
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.
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.
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 claims service page.
Get in touch using the form below or via the following methods:
