Pedestrian accidents are among the most serious types of road collisions. A moment of distraction or a misjudged crossing can change lives in an instant, leaving victims with physical, emotional, and financial consequences that take years to recover from. When a pedestrian is struck by a vehicle, the key question becomes one of liability: who is at fault, and how can the injured person claim compensation?
If you live in or around Cirencester and have been affected by such an accident, understanding how liability is determined and what steps to take can make a major difference in your recovery process and financial security.
Understanding pedestrian accident liability
In the UK, both drivers and pedestrians have a duty of care on the road. Drivers must operate their vehicles safely, stay alert, and follow the Highway Code, while pedestrians must also use crossings properly and avoid stepping into the road carelessly.
When a pedestrian is hit by a car, liability depends on the specific circumstances. Most cases find the driver responsible, especially if they were speeding, distracted, or failed to stop in time. However, the driver may share responsibility if the pedestrian acted recklessly, such as crossing against a red light or unexpectedly stepping into traffic.
Courts and insurers use a principle called contributory negligence to handle such cases. This means that both parties’ actions are assessed, and compensation can be reduced based on how much the injured person contributed to the accident.
Common causes of pedestrian accidents
Pedestrian collisions often happen in busy urban areas like Cirencester town centre, where narrow streets, parked vehicles, and foot traffic increase the risk. Some of the most common causes include:
- Drivers failing to stop at zebra or pelican crossings
- Speeding in residential zones
- Distraction due to mobile phones or in-car screens
- Poor visibility at night or in bad weather
- Reversing without proper checks
- Pedestrians step onto the road without looking
In some situations, the fault may also lie with the local authority, for example, if poor road lighting, damaged signage, or inadequate crossings contributed to the incident.
Establishing fault and proving negligence
To successfully file a claim for a pedestrian accident, you need to prove that another party breached their duty of care and that this breach caused your injury. Solicitors usually rely on several forms of evidence, such as:
- CCTV or dashcam footage showing how the collision happened
- Eyewitness statements
- Police reports
- Medical records and injury assessments
- Photographs of the accident scene, road markings, and vehicle damage
If the driver was uninsured or left the scene, claims can still be made through the Motor Insurers’ Bureau (MIB), which compensates victims of uninsured or hit-and-run drivers.
Typical injuries from pedestrian collisions
The severity of injuries in pedestrian accidents is often much greater than in other road incidents, since the person on foot has no protection from impact. Common injuries include:
- Fractures, especially to the legs, hips, or pelvis
- Head and brain injuries
- Spinal damage
- Internal bleeding or organ damage
- Scarring or disfigurement
- Psychological trauma, including post-traumatic stress
Such injuries can have lifelong consequences, affecting your ability to work, live independently, or enjoy your usual activities. Compensation aims to cover not only the immediate pain and suffering but also long-term needs such as care, rehabilitation, or adaptations to your home.
Can a pedestrian ever be at fault?
Yes, but not always entirely. While drivers are expected to exercise a high degree of caution, pedestrians can still bear some responsibility in certain situations. Examples include:
- Crossing outside designated areas, where safer crossings are available
- Ignoring traffic signals
- Walking into the road while distracted by a phone or headphones
- Suddenly stepping from between parked cars
Even in these cases, drivers must still react reasonably. A solicitor will analyse whether the driver had enough time and visibility to avoid the collision. In many cases, partial liability may be found on both sides, which affects the final settlement rather than cancelling it altogether.
Compensation and what it covers
The value of a pedestrian injury claim depends on the extent of injuries, recovery time, and impact on life. Compensation usually includes two categories:
- General damages – For pain, suffering, and loss of enjoyment of life.
- Special damages – For financial losses, including medical expenses, rehabilitation costs, loss of earnings, travel, and care expenses.
For example, someone who suffered a broken leg and needed months off work might receive compensation for lost income and physiotherapy, while someone with a head injury might also be compensated for future care and permanent impairment.
In serious or fatal cases, dependants may also bring a claim for bereavement and financial dependency.
Making a pedestrian accident claim in Cirencester
If you are hit by a car in Cirencester, seek medical attention immediately, even if your injuries seem minor. Adrenaline can mask pain, and early medical evidence is vital later. Next, report the incident to the police and gather as much evidence as possible.
Once you have the key details, contact a personal injury solicitor with experience in pedestrian accidents. They can assess your case, advise on evidence, and handle communication with insurers or the MIB. Most claims are made on a no win, no fee basis, meaning you pay nothing unless your case succeeds.
Your solicitor will gather medical and witness evidence, negotiate with insurers, and aim for a fair settlement. If liability is disputed, the case may proceed to court, although many are resolved through negotiation.
How long do you have to claim?
In most cases, you have three years from the date of the accident to begin your claim. There are exceptions: for example, children can claim up to three years after turning 18, and those lacking mental capacity have no time limit until capacity is regained. It is always best to begin the process early, while evidence is still available and memories are fresh.
The importance of early legal advice
Pedestrian injury claims can become complex, particularly when fault is disputed or when multiple vehicles are involved. Early legal guidance helps preserve vital evidence and ensures that the correct party is held accountable. A solicitor can also arrange interim payments for medical care or financial support while your case is ongoing.
If you live in Cirencester or nearby towns such as Tetbury or Stroud, a local solicitor familiar with Gloucestershire roads, accident blackspots, and regional court processes can offer valuable insight that strengthens your claim.
Final thoughts
Being struck by a vehicle is one of the most traumatic experiences anyone can face. While recovery takes time, knowing your rights and acting quickly can make all the difference. Establishing who is liable, collecting evidence, and seeking expert representation ensures you get the compensation you need to move forward with confidence.
If you or someone close to you has been injured as a pedestrian in Cirencester, reach out to Marley Solicitors today. Their dedicated injury team can guide you through the process, handle the insurers, and help you secure the justice and compensation you deserve.