Pedestrian injury claims can feel overwhelming. One moment you’re walking, The next, you’re hurt and unsure what to do. It’s natural to ask who is actually responsible.
The answer depends on many factors. How the driver behaved. Where the collision happened. The condition of the road or the pavement. Understanding who is at fault helps you decide your next step.
Here, you’ll find clear answers about how responsibility is decided in pedestrian accident claims in the UK. We’ll explain a driver’s duty of care and when a pedestrian might share some responsibility.
We’ll also explore how unsafe pavements, poor vehicle maintenance or a driver who fails to stop can affect a claim. Finally, we’ll guide you through the evidence needed to establish fault, and how a pedestrian injury solicitor can support you from start to finish.
Who is responsible when a pedestrian is hit by a vehicle
When a pedestrian is struck by a car, responsibility usually starts with the driver. Under the Highway Code, every driver has a duty of care to protect those who are most at risk on the road. Pedestrians fall into that category.
Drivers must:
- Pay full attention to the road and their surroundings
- Drive at a safe speed for the conditions
- Stop at crossings and give way where required
- Avoid distractions such as phones or sat navs
- Never drive under the influence of alcohol or drugs
If a driver fails to meet these duties and a pedestrian is injured, they are likely to be held responsible for a road traffic accident involving a pedestrian. For example:
- Failing to stop at a zebra crossing
- Speeding through a built-up area
- Turning without checking mirrors or blind spots
- Driving while tired or distracted
However, fault is not always one-sided. Sometimes both the driver and pedestrian may share responsibility. For instance, if a pedestrian crosses between parked cars or steps into the road without looking, their actions may be considered partly negligent.
Establishing the parties at fault in a pedestrian accident depends on evidence and context. A pedestrian injury solicitor can help review the details and explain where legal responsibility is likely to sit.
Can pedestrians ever be at fault
In some cases, a pedestrian may share part of the responsibility for an accident. This is known as contributory negligence. It means that both the driver and the pedestrian played a role in what happened.
Contributory negligence does not stop you from making a claim. It simply means the amount of compensation may be reduced to reflect shared fault. For example, if you are found to be 25 percent responsible, your pedestrian compensation claim would be reduced by that same percentage.
Examples of contributory negligence in pedestrian accidents include:
- Crossing away from traffic lights or a safe crossing point
- Stepping out between parked cars
- Using a mobile phone while walking
- Ignoring red signals or warning signs
Each situation is judged on its facts. Even if you think you might have made a mistake, it’s still worth speaking to a solicitor. A legal expert will explain your rights and help you understand what compensation may still be available.
What about unsafe pavements and poorly maintained vehicles
Not every pedestrian accident involves a careless driver. Sometimes the cause is an unsafe pavement or a vehicle that wasn’t properly maintained.
If you trip or fall because of an uneven or broken pavement, the local council or property owner could be responsible. They have a legal duty to keep public walkways safe and free from hazards. The most common causes of pedestrian accident claims in the UK include:
- Loose or broken paving stones
- Raised kerbs or potholes
- Slippery surfaces that were not signposted
In such cases, you will need evidence including:
- Photos of the defect
- Measurements showing its size or depth
- Witness statements
- Medical records describing your injuries
Vehicle condition can also affect who is to blame. A driver or owner may be responsible if their vehicle was unsafe to use. This includes:
- Bald tyres that reduce grip
- Faulty brakes
- Broken lights that make the car less visible
To prove negligence, keep as much evidence as possible. A pedestrian injury solicitor can help gather records and show who failed in their duty of care.
Pedestrian accidents at crossings and car parks
Many accidents happen at pedestrian crossings or in busy car parks. Responsibility often depends on the type of crossing and how both the driver and pedestrian behaved at the time.
At crossings, drivers must follow clear rules set out in the Highway Code. For example:
- Zebra crossings require drivers to stop when someone is waiting to cross
- Pelican and puffin crossings use traffic lights, and both drivers and pedestrians must obey them
- Toucan crossings are shared with cyclists and need extra care from everyone
If a driver ignores a signal or fails to stop in time, they are likely to be responsible for the pedestrian crossing accident.
Car parks and private land can be more complicated. Both drivers and pedestrians share space, so each must act carefully. Accidents here may involve:
- Poor lighting or faded markings
- Tight turns or blind spots
- Vehicles reversing without checking
In every case, visibility and awareness are key. Photos, CCTV or witness details can help show who was most at fault.
What evidence helps prove responsibility
Strong evidence makes a big difference in pedestrian accident claims. It helps show what really happened and who was responsible. Collecting information as soon as possible can protect your right to claim.
Useful types of evidence include:
- Photos of the scene and any visible injuries
- CCTV or dashcam footage from nearby vehicles or shops
- Witness names and contact details
- Police reports or reference numbers
- Medical records showing how and when you were injured
- Details of damaged clothing or personal items
If possible, write down what you remember straight after the accident. Small details like weather, traffic or lighting can help build a clearer picture.
A pedestrian injury solicitor can also help gather evidence. They can contact witnesses, request CCTV from councils or businesses, and speak to insurers on your behalf. The sooner they are involved, the easier it is to find and preserve what you need to prove fault.
What if the driver was uninsured or fled the scene
If the driver who hit you was uninsured or did not stop, you can still make a hit and run pedestrian claim. This is handled through the Motor Insurers’ Bureau, also known as the MIB.
The MIB helps people who are injured by uninsured or untraced drivers. It is funded by UK insurance companies and provides compensation where there is no valid insurance policy to claim against.
You will need to provide as much information as possible, such as:
- Details of the vehicle or driver if known
- Police report reference number
- Medical records and photos of your injuries
- Witness contact details
The MIB will assess the claim and may ask for extra evidence. Timeframes vary, but most Motor Insurers’ Bureau pedestrian claims take several months to process.
Having legal help makes the process smoother. Our experienced solicitors can prepare the paperwork, liaise with the MIB and ensure your claim is presented correctly.
How long do you have to make a pedestrian injury claim
Most pedestrian compensation claims must be made within three years of the accident. This is the standard time limit set by UK law. It usually starts from the date of the incident or from when you first realised your injury was linked to it.
There are a few exceptions:
- Children can claim at any time before their 18th birthday. Once they turn 18, the three-year limit begins.
- People who lack mental capacity do not face a time limit until they regain capacity.
Even though three years may sound like a long time, it’s best to start early. Evidence is easier to collect when events are fresh, and witnesses are easier to find.
If you’re unsure whether you still have time to claim, a solicitor can check your situation and explain your options clearly.
How a solicitor can help with pedestrian injury claims
Seeking professional legal support after an accident can make everything feel less overwhelming. A pedestrian injury solicitor can guide you through each stage and take on the hard work so you can focus on recovery.
Your solicitor will:
- Investigate how the accident happened
- Collect and review evidence such as CCTV, medical reports and witness details
- Work out who was at fault and calculate fair compensation
- Handle all contact with insurers and the other party
- Keep you updated and explain what each step means in plain English
Most pedestrian injury claims are handled on a no win, no fee basis. This means you don’t pay anything upfront. If your claim is successful, the solicitor takes an agreed percentage of the compensation to cover their costs. Terms apply, and everything will be explained clearly before you begin.
You don’t have to face this alone. Legal experts are here to help you understand your rights and provide the support you need.
Moving forward after a pedestrian accident
Working out who was responsible for a pedestrian accident can feel complicated. Drivers, councils and even pedestrians themselves can all play a part. What matters most is getting clear answers and trusted support.
With the right help, you can understand where responsibility lies and take the steps needed to move forward. Injury Lawyers 4U has helped many people through the same process. We know how stressful it can be, and we are here to guide you from first call to final outcome.
Ready to talk? Our friendly team is here to help.
Frequently asked questions about pedestrian injury claims
Can I claim if I was partly at fault for my pedestrian accident?
Yes. Even if you were partly responsible, you may still be able to claim compensation. This is known as contributory negligence.
For example, if you crossed away from a safe crossing point, your compensation may be reduced to reflect shared fault. A pedestrian injury solicitor can explain how this might affect your case.
Who is responsible if I trip on a broken pavement?
If the pavement was unsafe or poorly maintained, the local council or property owner could be responsible. You will need evidence such as photos, witness statements and medical records to prove that the hazard caused your injury. These are common causes of pedestrian accident claims in the UK.
What if the driver did not stop or was uninsured?
You can still make a hit and run pedestrian claim through the Motor Insurers’ Bureau. The MIB helps people injured by uninsured or untraced drivers. A solicitor can guide you through the process and make sure your Motor Insurers’ Bureau pedestrian claim is submitted correctly.
How long does a pedestrian injury claim take?
It depends on how complex the case is and whether fault is disputed. Simple cases can settle in a few months. More serious injuries or unclear responsibility can take longer. Your solicitor will keep you informed at every stage.
Can I make a claim on behalf of my child?
Yes. A parent or guardian can act as a litigation friend to bring a claim for a child injured as a pedestrian. There is no time limit until the child turns 18. After that, they have three years to start their own pedestrian compensation claim.