LEGAL GUIDE · ENGLAND & WALES
mcpicadofelipe
A pedestrian crossing should be the safest place to cross the road. If a driver hit you while you were on one, the law is usually firmly on your side. Here is what drivers must do at each type of crossing, how blame is decided, and how to claim compensation.
IN SHORT
Drivers must give way to anyone who has moved onto a zebra crossing, must stop at a red light on a signal crossing, and must let people finish crossing even after the lights change. If you were hit on a crossing, the driver is usually to blame and you can claim against their insurer. Pedestrians are not covered by the whiplash tariff, so every injury is valued in full. Most claims must start within 3 years.
Hit on a crossing? Find out if you can claim.
Free, no-obligation advice on a No Win No Fee basis.
Call 0800 6525 656 or use the form to check if you can claim.
Speak to NJS Law to understand your options.
Key takeaways
- Drivers MUST give way to pedestrians who have moved onto a zebra crossing, and should give way to people waiting to cross.
- At zebra crossings, drivers must stop on red and give way to anyone still crossing while the amber light flashes.
- Being hit on a crossing is strong evidence that the driver was at fault.
- You can usually still claim if you crossed on a red figure or were partly to blame, although compensation may be reduced.
- Pedestrians are outside the whiplash tariff, so injuries are valued in full.
Can you claim if you were hit by a car on a pedestrian crossing?
Yes. If a driver hit you while you were using a zebra, pelican, puffin or toucan crossing, you can usually claim compensation from their insurer. Crossings exist to give pedestrians a safe place to cross, and the Highway Code places clear duties on drivers approaching them.
A crossing accident can still be disputed. The driver may say you stepped out suddenly, that the lights were green for them, or that you crossed beside the crossing rather than on it. That is why evidence gathered early matters (see below).
If you have been hurt, our pedestrian accident claims team can tell you quickly whether you have a claim.
What must drivers do at each type of crossing?
Each type of crossing works differently, and so do the driver’s duties.
Crossing | How it works | What drivers must do |
Zebra | Black and white stripes with flashing amber beacons. No traffic lights | Drivers must give way once a pedestrian has moved onto the crossing, and should give way to people waiting to cross |
Pelican | Traffic lights operated by a button, with a flashing amber phase for drivers and a flashing green figure for pedestrians | Drivers must stop on red. When the amber light flashes, they must give way to anyone still on the crossing |
Puffin | Signal crossing with sensors that detect people waiting and crossing, and no flashing amber phase | Drivers must obey the lights and should give way to anyone still crossing when the lights turn green |
Toucan | Signal crossing shared by pedestrians and cyclists | As for a puffin crossing: obey the lights and give way to anyone still crossing |
Parallel | A zebra crossing with a separate lane for cyclists alongside | As for a zebra crossing, for both pedestrians and cyclists |
Source: The Highway Code, Rules 195 to 199.
At every crossing, drivers must not park or overtake on the zig-zag lines. They must not overtake the moving vehicle nearest the crossing, or a vehicle that has stopped to let people cross (Rule 191). They should not enter a crossing they cannot clear, and should take extra care when parked or queuing vehicles block their view, because people may be crossing between them (Rules 192 and 193).
GOOD TO KNOW
On every crossing, drivers should give way to anyone still crossing after the lights change to green (Rule 198). A green light does not give a driver the right to drive into someone already on the crossing.
Don’t Miss Out
Thousands of people may be unaware of their rights following a pedestrian accident.
If you’ve been injured, don’t miss the opportunity to find out whether you could claim.
What changed in the Highway Code in 2022?
In January 2022, the Highway Code introduced a ‘hierarchy of road users’. Those who can do the greatest harm, such as drivers, have the greatest responsibility to look out for those most at risk, such as pedestrians (Rule H1).
Two changes matter most for pedestrians (Rule H2):
- At zebra crossings, drivers should now give way to pedestrians waiting to cross, not only to those already on the crossing.
- At junctions, drivers should give way to pedestrians crossing or waiting to cross the road they are turning into or out of.
These are ‘should’ rules rather than legal duties, so breaking one is not automatically an offence. But in a compensation claim, the Highway Code is used as evidence of how a careful driver should behave, so a driver who ignored these rules will find it harder to avoid blame. The hierarchy does not remove pedestrians’ own responsibility to take care.
Who is to blame for an accident on a pedestrian crossing?
In most crossing accidents, the driver is found to be at fault, because they failed to give way, ignored a red light, drove too fast to stop, or did not keep a proper lookout. Common examples include:
- A driver failing to stop for someone already on a zebra crossing
- A driver ‘jumping’ a red light or driving on when the amber light is flashing
- A driver overtaking a vehicle that had stopped to let people cross
- A driver pulling away as soon as the lights change, before people have finished crossing
- Speeding, using a phone or not looking properly on the approach to a crossing
Blame can be shared in some cases, for example if a pedestrian walked out in front of a vehicle that had no realistic chance to stop. Courts recognise that a vehicle can cause far more harm than a pedestrian, so a driver usually carries most of the responsibility even when a pedestrian made a mistake.
Can you still claim if you crossed on a red figure or were partly to blame?
Usually, yes. If you were partly at fault, for example by crossing while the red figure showed, starting to cross on a flashing green figure, or crossing on the zig-zag lines next to the crossing, your compensation may be reduced to reflect your share of the blame. This is called contributory negligence. It does not normally stop you claiming altogether.
Children are judged by what is reasonable for a child of their age, so a young child is rarely found to be significantly to blame. Read more in can I claim if the accident was partly my fault?
What evidence helps a pedestrian crossing claim?
Crossing accidents are often won or lost on what the evidence shows about the lights and the driver’s approach. If you can, gather or note:
- The driver’s details: name, address, insurance and registration number.
- Witnesses: names and phone numbers of anyone who saw what happened.
- Photos: of the crossing, the signals, road markings, your injuries and the vehicle.
- CCTV and dashcam footage: from nearby shops, buses, homes or other drivers. CCTV is often overwritten within weeks, so ask for it quickly.
- A police report: report the accident and keep the reference number.
- Medical records: see a doctor or go to A&E, even if your injuries seem minor at first.
Your solicitor can also ask the council for records showing whether the crossing signals were working and how they were timed. For more on evidence, read what evidence do I need after a car accident?
Understand Your Options
Not sure whether your pedestrian accident qualifies for compensation?
Our personal injury solicitors can assess your circumstances and explain your options.
No Win, No Fee · SRA Regulated · Complete Confidentiality Guaranteed
How much compensation can you get after a crossing accident?
Pedestrians are not covered by the whiplash tariff or the £5,000 small claims limit for road traffic injuries, so every injury is valued in full under the Judicial College Guidelines (18th edition).
Your claim can include compensation for the injury itself and its effect on your life, plus financial losses such as lost earnings, care, travel, treatment and rehabilitation. For a breakdown, see our pedestrian accident claims guide.
REAL RESULT: £20,000
Our client was crossing at a marked pedestrian crossing when a driver failed to slow down and hit them. They suffered facial, shoulder and arm injuries and anxiety. Using CCTV and witness evidence, our RTA team recovered £20,000. Read the case study.
How long do you have to claim, and how can NJS Law help?
Most road traffic accident claims must be started within 3 years of the accident. For under-18s, the 3 years starts on their 18th birthday. If someone lacks mental capacity, time does not run while they lack capacity. If the driver did not stop or was uninsured, you may be able to claim through the Motor Insurers’ Bureau, which has its own reporting deadlines.
NJS Law handles pedestrian claims on a No Win No Fee basis. We gather the evidence, deal with the driver’s insurer and make sure every injury and loss is properly valued.
Call 0800 6525 656 or use the form to check if you can claim.
Frequently Asked Questions
Does a driver have to stop if I'm waiting at a zebra crossing?
Since 2022, the Highway Code says drivers should give way to people waiting to cross at a zebra crossing. The legal duty to give way starts once you have moved onto the crossing. Either way, always check traffic has stopped before you step out.
The lights turned green while I was still crossing. Who is to blame?
Usually the driver. The Highway Code says drivers should give way to anyone still crossing after the signal changes to green, at every type of crossing.
I was hit next to the crossing, not on it. Can I still claim?
Often, yes. Drivers must still take care around pedestrians near a crossing, and must not overtake on the zig-zag lines. Your compensation may be reduced if crossing beside the crossing contributed to the accident.
What if a school crossing patrol was helping me cross?
Drivers must stop when a school crossing patrol shows a ‘Stop for children’ sign. A driver who fails to stop will almost always be found at fault.
The driver didn't stop. Can I still claim?
Yes. If the driver cannot be traced or was uninsured, you may be able to claim through the Motor Insurers’ Bureau. Report the accident to the police as soon as possible, as strict deadlines apply.
Do I need a police report to claim?
It is not essential, but it helps. Reporting the accident creates an official record, and the police may have taken statements or collected footage.
This article is for general information only and does not constitute legal advice. No two cases are the same and outcomes cannot be guaranteed. For advice on your specific circumstances, please contact NJS Law directly.
NJS Law is regulated by the Solicitors Regulation Authority (SRA No. 8006550).
CONTACT US
Get in touch using the form below or via the following methods:
