This guide discusses when you could be eligible to make a pedestrian injury claim following a road traffic accident and how compensation is calculated in successful cases. Road users owe one another a duty of care with regard to their health, safety and wellbeing. If this duty is breached, and you sustain an injury in a pedestrian accident, you might be eligible to seek compensation provided you meet the eligibility criteria. Read on to learn more about these criteria, the evidence you could gather to support your case, and how settlements are calculated.
Pedestrian Injury Claim In Scotland – How Much Can I Claim?
Later, we provide examples of how a pedestrian accident could occur due to another road user breaching their duty of care, and the injuries that could be suffered as a result.
Finally, our guide explores the advantages of starting a claim with a personal injury solicitor who offers a No Win No Fee agreement.
Read on to learn more about road traffic accident claims. Alternatively, get in touch with an advisor to discuss your potential case. To reach them, you can:
- Call on 0800 073 8805
- Contact us online to start a claim
- Use the live chat feature below.
Choose A Section
- How Much Compensation Could You Receive For A Pedestrian Injury Claim In Scotland?
- When Are You Eligible To Make A Pedestrian Injury Claim?
- How Could You Suffer A Pedestrian Injury Due To Driver Negligence?
- What Do You Need To Claim For A Road Traffic Accident?
- Make A Pedestrian Injury Claim Using A No Win No Fee Solicitor
- Learn More About Making A Pedestrian Accident Claim
How Much Compensation Could You Receive For A Pedestrian Injury Claim In Scotland?
If you make a successful pedestrian injury claim, you could receive a payout comprising up to two heads of loss. The first is general damages which compensates for the pain and suffering caused by the injuries, physical and/or psychological.
To value this, a document called the Judicial College Guidelines (JCG) can be referred to alongside any medical evidence. The JCG contains guideline award brackets that correspond to different injuries.
A selection of these figures from the JCG can be found in the table below with the exception of the first entry. Also, please keep in mind that the JCG amounts are based on past successful court cases in England and Wales. As such, you should use them as a guide only.
Award Brackets
| Area of Injury | Severity | Award Bracket - Guidelines | Notes |
|---|---|---|---|
| Multiple Serious Injuries with Financial Losses | Serious | Up to £1,000,000 and above | You could receive a payout consisting of compensation for several injuries of a serious nature as well as monetary losses caused by the injuries, such as lost income and care costs. |
| Brain Damage | Very Severe | £282,010 to £403,990 | Poor language function, minimal or no meaningful response to the environment, double incontinence and the requirement of full-time nursing care. |
| Moderately Severe | £219,070 to £282,010 | A very serious disability which is either cognitive or physical resulting in the person needing constant care. | |
| Paralysis | Quadriplegia | £324,600 to £403,990 | Paralysis of the lower and upper limbs. Factors such as age are considered when determining what award is suitable. |
| Paraplegia | £219,070 to £284,260 | Lower body paralysis. Factors such as age and life expectancy are considered when determining what award is suitable. | |
| Back | Severe (i) | £91,090 to £160,980 | Spinal cord and nerve root damage causing serious consequences, including pain and disability of a severe nature alongside incomplete paralysis. |
| Moderate (i) | £27,760 to £38,780 | Different injuries are covered in this bracket, such as a compression or crush fracture to the lumbar vertebrae with a significant risk of osteoarthritis as well as persisting pain and discomfort. | |
| Arm | Severe | £96,160 to £130,930 | A serious brachial plexus injury which falls short of amputation but leaves the person not much better off than if they had lost the arm completely. |
| Less Severe | £19,200 to £39,170 | Although there were significant disabilities, a substantial degree of recovery has already happened or is expected to happen. |
Special Damages In Pedestrian Claims
The second head of loss is called special damages which compensates for the financial losses incurred due to your injuries. As such, you could seek reimbursement of the following expenses and costs under special damages:
- A loss of earnings
- Medical expenses
- The cost to make adaptations to your home or car
- Cost of travel
Find out more about how much compensation for a pedestrian accident claim could be awarded by calling our team.
When Are You Eligible To Make A Pedestrian Injury Claim?
Road users owe a duty of care to prevent causing harm or damage to others and themselves as they navigate the roads. To uphold this duty, they need to adhere to the Road Traffic Act 1988 and the Highway Code.
There are three main points to fulfill to be eligible to start a personal injury claim following a road traffic accident that caused you as a pedestrian to be harmed. Firstly, you need to show that a road user, such as a driver, owed you a duty of care. Secondly, that they breached this duty of care. Finally, that you experienced an injury, physical, psychological, or both as a result of the breach. These points define negligence in tort law and are essential to prove in order to have valid grounds to begin a pedestrian injury claim.
For advice and guidance about your specific case, call our team using the number at the top of the page.
How Could You Suffer A Pedestrian Injury Due To Driver Negligence?
There are several ways a pedestrian could be injured in a road traffic accident caused by a driver. For example:
- A drunk driver collided with you on the road or on the pavement causing you to sustain a traumatic hand injury amputation.
- A driver knocked you over because they were driving above the speed limit and failed to stop at a red light when you were crossing the road.
- A driver failed to stop at a zebra crossing, hitting you and causing you to sustain a brain injury.
You may have been injured as a pedestrian in some other scenario. With valid proof that driver negligence occurred, you could have an eligible pedestrian injury claim. Connect with our advisors now to assess your eligibility to pursue compensation for free.
What Do You Need To Claim For A Road Traffic Accident?
Evidence plays a fundamental part in a claim for personal injury. Below, we have listed some actions and tips that could help you build a strong case with evidence showing that the accident was caused by another road user breaching their duty of care and that you sustained an injury as a result.
- Collect CCTV or dashcam footage that clearly shows your accident
- Keep a diary of symptoms and key medical treatments needed
- Get copies of medical evidence such as doctor’s reports, X-rays, and prescriptions
- Take photographs of any visible injuries
- Collect the contact details of witnesses who are prepared to give a supporting statement at a later date
When you instruct a solicitor to represent you, they could assist you with collecting a strong body of evidence and building your case. Get in touch with our team to discuss how a solicitor could benefit you when making a pedestrian injury claim.
Make A Pedestrian Injury Claim Using A No Win No Fee Solicitor
Under the Civil Litigation (Expenses and Group Proceedings) (Scotland) Act 2018, a No Win No Fee solicitor could offer you a Speculative Fee Agreement or Damages Based Agreement. Generally, this means:
- No upfront fees will be required for the solicitor to begin working on your claim.
- No ongoing fees will be expected for the continued work they do as your claim proceeds.
- You won’t be required to pay for the services you have been provided by your solicitor if the claim fails.
Upon the successful completion of a claim, you will pay a small percentage of the compensation. This acts as a success fee for the solicitors. This amount is legally capped and ensures that you receive the bulk of the compensation awarded.
To find out whether you could make a road traffic accident claim following a pedestrian accident, please contact an advisor via the contact details below:
- Call on 0800 073 8805
- Contact us online
- Use the live chat feature below.
Learn More About Making A Pedestrian Accident Claim
For more of our helpful guides:
- Find out when you could make a claim for an accident at work in Scotland.
- Discover how much compensation for burns at work you could receive for a successful claim.
- Read our guide on claiming for a fall from height and what to do after you have been injured in this type of accident.
Also, we include some helpful external resources:
- GOV.UK – Road accidents and safety statistics.
- Think! – Road safety laws.
- NHS Inform – First aid.
Thank you for reading our guide on when you could be eligible to begin a pedestrian injury claim. If you have any other questions, please contact an advisor on the number above.