If you're on foot and you get knocked down by a vehicle, your life can change forever in a second. If you've been involved in a pedestrian accident and it wasn't your fault, then you could be eligible for compensation. Even if you were partly responsible in some way for example, stepping into the road without looking thoroughly, you might still be able to make a claim. However, any damages awarded are likely to be proportionately lower to reflect your share of blame.
Thompsons is Scotland's leading personal injury firm, and we help people every week who have been injured as pedestrians due to:
- Drivers going too fast
- Drivers under the influence of drink or drugs
- Drivers who ignore traffic lights
- Drivers who simply fail to pay attention
When can you make a pedestrian accident claim?
You can make a claim if you were injured due to another person's negligence. There is a duty of care owed by each and every road user towards other people on the road. If that duty is breached through speeding, reckless driving, or not stopping at pedestrian crossings, and you are injured as a result, you can claim.
David Adams
David Adams
"The compensation levels and values are all determined by the extent of the injury."
How much compensation for a pedestrian accident?
The claim you can make will depend on the extent of your injuries, their impact on your day-to-day life and work, and your long-term wellbeing. Your claim generally falls into two categories:
- Damages for pain, suffering and loss of quality of life
- Financial losses: lost income, medical treatment costs, care costs or travel costs.
No two pedestrian accidents are the same. Thompsons will evaluate your case thoroughly so that an insurer does not rush through an early low settlement offer.
What is the time limit for pedestrian accident claims in Scotland?
Typically, you have three years from the date of the accident to start proceedings. The time limits are different when it is a child. In Scotland the time limit does not begin running until the child is 16; you then have until they are 19 years old to bring a claim.
When someone cannot manage their own affairs because of lack of mental capacity, there is no time limit. The earlier a claim is brought, the better: witness statements are easier to obtain, records are up-to-date, and video evidence is more likely to be available. If you are unsure whether the time limit is still running, ring us to find out.
Can you claim if the driver was uninsured or fled the scene?
Yes you can. If the person who hit you either had no insurance or drove off without stopping, the Motor Insurers' Bureau (MIB) has been set up to provide compensation in exactly these situations. The MIB can pay out for injuries caused by an uninsured or untraceable driver.
Your solicitor will handle the application for you without affecting your claim. Report the accident to the police as soon as possible. If you were able to note a registration plate, spot a CCTV camera or get the details of anyone who witnessed the incident, that evidence can be incredibly useful.
What if you were partly at fault?
Even if you are partly responsible for what happened, you may still be able to claim compensation. Scots law recognises contributory negligence, which means that your compensation will be reduced in line with your share of fault. For example, if you as a pedestrian were found 25% at fault, you would be entitled to 75% of the full compensation figure.
How Thompsons can help with your pedestrian accident claim
If you or a loved one has been injured in a pedestrian accident, our no win no fee specialists are ready to help. Call us on 0800 0891 331 to find out if you have a claim and to start the process.
We know it is hard to think about a legal claim when you're still recovering from injuries. Our no win no fee service means there are no upfront legal fees — we only get paid if your claim succeeds. Our dedicated team of personal injury lawyers will guide you through each stage.
Thompsons' solicitors have many years' experience in acting for people who have been knocked down in road traffic accidents throughout Scotland. We recover over £1 million every week for our clients. Our firm has been recommended in the Legal 500 and has won Firm of the Year at the Scottish Law Awards and Litigation Firm of the Year at the Law Awards of Scotland.
Frequently asked questions
Make a pedestrian accident claim
Contact us today and we will review your case and explain what you need to do to start your claim for the compensation you are entitled to. Call Thompsons on 0800 0891 331 or contact us online to get started.
