Pedestrian Accident Claims

What If You Were Partly to Blame?

Direct Answer: Being partly responsible for a pedestrian accident — crossing away from a designated crossing, for example — doesn't usually stop you claiming altogether. A court apportions responsibility between the parties and reduces your compensation to reflect your own share of the blame, a doctrine called contributory negligence.

Highway Code Rule H1, in force since 29 January 2022, sets out a hierarchy of road users: those who can do the greatest harm to others bear the greatest responsibility to reduce the danger they pose, with pedestrians among those most protected by that principle. Under Road Traffic Act 1988 s.38(7), a breach of the Highway Code isn't itself a civil wrong, but it's evidence a court can weigh when deciding whether a driver's conduct fell below what was reasonable.

In practice this means a driver who fails to slow down near a pedestrian crossing or stepping out from between parked cars, or who is speeding, distracted or fails to anticipate a pedestrian's movements, can still be found substantially or wholly at fault even where the pedestrian's own positioning wasn't perfect.

Uninsured and Untraced Drivers

If the driver had no insurance, or failed to stop and can't be identified, a claim may still be possible through the Motor Insurers' Bureau (MIB) — an industry-funded body that exists specifically to compensate victims in these situations. MIB claims follow their own procedure and can carry stricter notification deadlines than the general limitation period, so early advice matters.

What Compensation Covers

General damages compensate the pain, suffering and loss of amenity caused by your injury. Special damages cover your actual financial losses — lost earnings, medical and rehabilitation costs, care needs while you recover, and damaged personal property such as clothing, a phone, or glasses.