If a driver's negligence caused you injury as a pedestrian — hit at a crossing, on a pavement or in the road — you may be able to claim compensation in England & Wales. The Highway Code's hierarchy of road users places greater responsibility on drivers towards pedestrians, who are among the most vulnerable. Even if you were partly at fault, you can usually still claim, with the award reduced for contributory negligence. If the driver was uninsured or untraced, the Motor Insurers' Bureau (MIB) may step in. You normally have three years to claim, and the driver's insurer pays a successful claim.
Pedestrians have no protection at all in a collision with a vehicle, so even a low-speed impact can cause serious injury, and a higher-speed one can be catastrophic. Many pedestrian accidents happen at or near crossings, at junctions, or where a driver was distracted, speeding or simply not looking. This guide explains, in plain English, how a pedestrian accident claim works, how fault and the hierarchy of road users are assessed, and the evidence that makes a claim strong. We are an independent information service, not a law firm — nothing here is legal advice about your own accident.
The hierarchy of road users
The Highway Code sets out a hierarchy of road users, under which those who can do the greatest harm bear the greatest responsibility to reduce the danger they pose to others. Drivers of cars, vans and larger vehicles therefore owe a heightened duty towards pedestrians, who sit at the top of the hierarchy as the most vulnerable. Among other things, the Code expects drivers to give way to pedestrians crossing or waiting to cross at junctions, and to take particular care around children, older people and disabled pedestrians. This framework shapes how negligence is assessed when a pedestrian is hurt.
None of this means a pedestrian can never be at fault — but it does mean that a driver who hits a pedestrian will often have a case to answer, because drivers are expected to anticipate that people may be in or step into the road.
Fault and contributory negligence
To claim, you need to show that a driver was negligent and that this caused your injury. If you were also partly responsible — for example by stepping out without looking, crossing away from a designated crossing, or wearing dark clothing at night — your compensation may be reduced for contributory negligence to reflect your share of the blame. The award is reduced by a percentage rather than refused outright, because the driver's duty to drive carefully remains.
💡 "Partly at fault" rarely means "no claim"
Many injured pedestrians wrongly assume that because they stepped into the road, they cannot claim. In reality, drivers are expected to keep a proper lookout and adjust to conditions, so a pedestrian who was partly careless usually still recovers compensation, with a percentage deduction. Don't rule yourself out before getting advice.
Common pedestrian injuries
Because pedestrians take the full force of an impact, injuries are often severe: head and brain injuries, spinal injuries, fractures to the hip, knee, foot and arms, scarring, and in the most serious cases amputation or a fatal outcome. Many pedestrian victims also suffer psychological trauma. These injuries are generally valued individually by reference to the Judicial College Guidelines, plus financial losses such as lost earnings and care.
Uninsured and untraced drivers
If the driver who hit you was uninsured, or failed to stop and cannot be traced, you may still be able to claim through the Motor Insurers' Bureau (MIB), which operates schemes to compensate victims of uninsured and untraced drivers under agreements with the government. These have their own procedures and notification deadlines, particularly for untraced-driver claims, so it is important to report the incident to the police and seek advice quickly. A solicitor can pursue the MIB on your behalf.
Evidence that strengthens a pedestrian claim
Liability in pedestrian cases is often disputed, so independent evidence is key. Useful evidence includes:
- The driver's details — name, registration and insurer, and a police reference number.
- Footage — dashcam from the vehicle or passing cars, and any nearby CCTV from shops or street cameras.
- Scene photographs — the crossing, road layout, signage, sightlines and your position.
- Witnesses — contact details of anyone who saw what happened.
- Medical records — A&E and hospital notes, plus an independent medical report on your injuries and prognosis.
Our guides to what to do after an accident and evidence for a personal injury claim go into more detail.
Time limits
Like other road traffic claims, you normally have three years to bring a pedestrian accident claim.
⏳ Three years — but MIB deadlines can be shorter
Under the Limitation Act 1980 in England & Wales, the three years usually run from the accident, or from the "date of knowledge". For children the clock starts at 18, and there is no limit while a person lacks mental capacity — important for child pedestrian victims. MIB untraced-driver claims have their own, often shorter, deadlines. See our time limits guide.
As a pedestrian you are the most vulnerable person on the road, and the law recognises it. Being knocked down without protection is frightening — but partial fault rarely ends a claim, and even an uninsured or untraced driver need not leave you without a remedy.
Frequently asked questions
Can I claim if I was hit by a car as a pedestrian?
Yes, if a driver's negligence caused or contributed to your injury, for example speeding, not looking properly, or failing to stop at a crossing. The Highway Code's hierarchy of road users places a higher responsibility on drivers towards pedestrians, who are among the most vulnerable road users. The driver's insurance, not the driver personally, normally pays a successful claim.
What if I was partly to blame for stepping into the road?
You can usually still claim, but your compensation may be reduced for contributory negligence to reflect your share of responsibility, for example if you crossed without looking or away from a crossing. Importantly, a driver still has a duty to drive carefully and to anticipate pedestrians, so being partly at fault rarely defeats a claim altogether; it reduces the award by a percentage.
What if the driver was uninsured or did not stop?
You may still be able to claim through the Motor Insurers' Bureau (MIB), which compensates victims of uninsured drivers and untraced 'hit and run' drivers under agreements with the government. These schemes have their own procedures and time limits, so report the incident to the police and seek advice promptly. A solicitor can handle the MIB process for you.
How long do I have to make a pedestrian accident claim?
Generally three years from the date of the accident, or from the date you knew your injury was significant and someone else's fault, under the Limitation Act 1980 in England and Wales. The clock starts on a child's 18th birthday, and there is no limit while a person lacks mental capacity. MIB untraced-driver claims can have shorter notification deadlines.
What evidence helps a pedestrian accident claim?
The driver's details and insurer, a police reference number, dashcam or CCTV footage from nearby vehicles or premises, photographs of the scene including the crossing or road layout, witness contact details, and your medical records. Because liability is often disputed, independent footage and witnesses are particularly valuable in pedestrian claims.
Get help from official, free sources
- Motor Insurers' Bureau (MIB) — claims involving uninsured and untraced drivers
- GOV.UK — The Highway Code — the hierarchy of road users and crossing rules
- Judicial College Guidelines — the bracket-based valuations courts use for injuries
- Solicitors Regulation Authority (SRA) — check a solicitor or firm is regulated
- The Law Society — Find a Solicitor — find an accredited personal injury specialist
Related guides: road traffic accident claims, motorbike accident claims, bus accident claims and head injury claims.