Being hit by a car can result in serious injuries for a pedestrian, and may lead to months or even years of recovery. In the most severe circumstances, you may be left with life-changing injuries or a permanent disability that requires you to adapt your home, vehicle or lifestyle to accommodate your new condition. It's important to understand in these cases that you will often have the legal right to make a pedestrian accident compensation claim where the accident was caused by someone else’s negligence, which can be one way to pursue justice after a road traffic accident that wasn’t your fault.

If you have been injured as a pedestrian, car accident compensation can cover the costs and financial losses associated with your injury. No matter how severe or minor your injuries, compensation will address the pain and suffering you experienced, and any psychological trauma associated with the accident. It can also cover the costs of corrective treatment or other medical expenses, transportation to and from medical appointments, and any care provided during your recovery, whether by professionals or friends and family. A personal injury claim can not only address the serious impact of pedestrian injuries, but also represents a way to hold to account the person responsible for your accident.

The team at Switalskis has a wealth of experience in making pedestrian accident claims on behalf of those who have been injured by a reckless driver or other road user. To give yourself the best chance of securing pedestrian injury compensation, there are several types of evidence you may need and actions you can take to improve your chances of a successful claim in the immediate aftermath of the accident, at a stage where it is often strongest and most reliable.

What can you do after an accident to support a pedestrian accident claim?

A pedestrian hit by a car can take immediate steps after the accident to collect evidence and support a potential claim. While a personal injury solicitor will help with gathering evidence and build a strong case on your behalf, the aftermath of an accident is an opportunity to start this process and collect stronger evidence than will be available later.

Seek medical attention straight away

If you have sustained serious injuries, you should call (or have someone else call) the emergency services immediately and have paramedics attend you. If not, you should still have a doctor assess your injuries as soon as possible after the accident, even if they appear minor at first. Medical records created on the day of the accident provide a contemporaneous account of symptoms, diagnosis and treatment. This can be used to prove that you were injured by the accident, which often forms the foundation of a claim, and will also demonstrate the extent and impact of these injuries.

Report the accident to the police

Road traffic collisions involving injury should be reported to the police. An incident or reference number links the accident to an official record and may include early findings about how the collision occurred. Technically, the driver involved has a legal obligation to stop at the scene and provide their details, or to report the incident to the local police force within 24 hours. Even in cases where this responsibility is met, you should speak to the police yourself about the accident to make sure it is reported correctly.

Gather details at the scene

If you are able, collect the driver’s name, contact details, vehicle registration number and information about their insurance provider. If the driver leaves the scene, note the vehicle description and direction of travel. The names and contact details of independent witnesses can also be helpful, as witness evidence can support your account of events. Speak to anyone who saw the accident and ask for their details - a pedestrian accident lawyer can contact them later for a statement.

Take photographs or videos

Take photographs of the scene if you can. Try to capture the road layout, signage, traffic lights, skid marks, damage to the vehicles involved and any visible injuries, along with anything else that you believe is related to the circumstances of the accident. These details can change quickly once vehicles move or roads reopen, so contemporaneous images often represent strong evidence.

Keep clothing and personal items

Damaged clothing, footwear or personal belongings may later support evidence of impact and injury. These items should be kept in the condition they were in after the accident. The costs to replace any damaged equipment may also be factored into your compensation, so evidence of this damage is vital.

Write down your experience

Writing down what happened as soon as you are able can preserve key details, including the time, location, weather conditions, traffic flow and anything said by the driver or witnesses. Memories can fade or alter over time, so early notes can be useful later for reconstructing the circumstances surrounding the accident.

Seek specialist legal advice

Contact the team at Switalskis once you have collected the basic evidence as described here. Our solicitors specialise in pedestrian accident claims, and we can advise on any further evidence you may need, the time limits that apply to personal injury claims, and what the next steps will involve for your claim. You may receive an early offer from the other party's insurance company, and we can advise you on whether or not this represents a fair accounting for the financial losses, physical and psychological effects of the accident.

In most cases, court proceedings must be issued within three years of the date of the accident, although acting earlier can help to preserve evidence. With strong medical evidence, accident reconstruction and skilled negotiation, the majority of pedestrian accident claims settle without court proceedings. Acting promptly can therefore significantly improve the likelihood of a successful outcome.

What common pedestrian injuries can lead to a compensation claim?

A pedestrian injury claim depends on your ability to show that you experienced physical injuries due to an accident that wasn't your fault. Many of the most common pedestrian injuries can lead to compensation when they arise in an accident caused by someone else, although how much compensation you will receive depends heavily on the nature and severity of the injuries in question.

Some of the common pedestrian injuries for which the team at Switalskis has successfully secured compensation are:

• Lower limb injuries. The initial impact of an accident is often to the legs, leading to fractures of the tibia, fibula, femur or pelvis. Knee ligament damage and ankle fractures are also common, particularly where the car strikes below the knee.
• Head injuries, which can occur when the pedestrian’s upper body hits the bonnet, windscreen or road surface. These can range from mild concussion to traumatic brain injury, skull fractures and intracranial bleeding. Head injuries account for a large proportion of serious and fatal outcomes in pedestrian collisions, but even minor head injuries can entitle you to compensation.
• Chest and thoracic injuries caused by an impact with the vehicle or the ground. These include rib fractures, lung contusions, punctured lungs, and damage to the heart or major blood vessels. Rib fractures may also increase the risk of internal organ injury.
• Spinal and neck injuries arising from sudden acceleration, deceleration or an awkward landing. Whiplash-type injuries are common, while more severe collisions can cause fractures or spinal cord damage, potentially leading to long-term mobility or neurological issues.
• Upper limb injuries such as fractures to the arms, wrists, shoulders and clavicle, which sometimes occur when a pedestrian instinctively attempts to break their fall. Soft tissue injuries to muscles, tendons and ligaments are also widely reported.
• Internal organ injuries affecting the liver, spleen, kidneys or bowels, particularly in higher-speed collisions. These injuries are not always immediately obvious and may require imaging and ongoing monitoring.
• Soft tissue injuries including cuts, bruises, abrasions and deep lacerations. While often less serious on their own, they can indicate underlying trauma and may lead to infection or scarring.

Some of these injuries will be obvious immediately, while others - particularly internal injuries - are harder to diagnose. This is why it's vital to seek medical attention as soon as you can following an accident, as a doctor will be able to identify any underlying injuries for which you are entitled to claim.

Can I still claim compensation if the driver involved left the scene?

Even if you were unable to get the driver's licence plate details because they fled the scene of the accident, you may still be able to pursue compensation. Where a driver is untraceable or uninsured, claims are commonly made through the Motor Insurers’ Bureau (MIB). The MIB is an industry-funded body set up to compensate victims of road traffic collisions caused by uninsured or unidentified drivers, and pedestrians are eligible to claim through this scheme.

Although the claims process differs from a standard personal injury claim, Switalskis can support you through it and maximise the amount of compensation you will receive. To support an MIB claim, we will usually try to gather the following types of evidence:

• Medical records confirming injury linked to the collision;
• Witness statements from anyone who saw the accident or the vehicle leaving the scene;
• Photographs or CCTV footage showing the incident, vehicle, or location;
• Police reports and any follow-up investigation notes; and
• Records of financial losses such as travel costs, loss of earnings or care needs.

You should take as many of the steps listed above as possible in the aftermath of an accident like this. If the driver failed to stop, you should report the incident to the police as soon as possible. A police report creates an official record that the collision occurred and that the driver did not remain at the scene, which is a criminal offence under the Road Traffic Act 1988. The police reference number may be required for any later claim.

How long do I have to prepare my claim?

Although building strong evidence is important, you should not delay seeking advice. In most pedestrian accident cases, court proceedings must be issued within three years, subject to limited exceptions for children and individuals lacking mental capacity.

The road traffic accident solicitors at Switalskis can help to build the strongest possible case on your behalf, and demonstrate that another party's negligence was the cause of the harm you experienced. Even if you have not gathered evidence at the scene or missed some of the steps as described above, you should not hesitate to get in touch and discuss your circumstances. It is often still possible to make a claim following the very traumatic experience of being hit by a car as a pedestrian, and we can advise you on your eligibility during a free initial consultation.

To learn more about the claims process and whether you're able to pursue compensation, seek specialist legal advice from the team at Switalskis today. Call us on 0800 138 0458 or use the form on this page to get in touch.