Pedestrians often face severe injuries in road traffic accidents. Proving driver fault in these cases can be challenging, but substantial compensation is possible even without criminal prosecution. Our blog discusses the legal processes, including how the Rehabilitation Code can aid in rehabilitation while a claim is ongoing. Switalskis' Brain & Spinal Injury Team is here to offer expert guidance and support through complex pedestrian accident claims.

It’s not just about whether the driver was prosecuted—many claims are successfully pursued without any criminal action being taken. The burden of proof in criminal cases is higher than in civil claims, meaning the police may not have enough evidence for prosecution, but there could still be sufficient grounds for a civil claim.

Drivers owe a duty of care to pedestrians, who are among the most vulnerable road users. Operating a vehicle is a significant responsibility, and drivers are expected to anticipate potential risks, especially in areas where pedestrians are likely present. This means adjusting their driving to the conditions, being prepared to react to unexpected changes, and taking extra precautions, particularly in high-risk areas like school zones. Simply adhering to the speed limit isn’t always enough—sometimes, driving well below the speed limit is necessary to ensure safety.

Establishing liability in these cases can be complex and may take time, often requiring witness statements and expert reports from accident reconstruction specialists. However, we encourage anyone involved in a pedestrian accident to explore a civil claim, regardless of the outcome of any police investigation. A criminal conviction is not necessary to pursue a claim, and many cases are successfully resolved, resulting in compensation.

In cases involving severe injuries, where liability remains disputed, reaching agreements about rehabilitation is still possible. The Rehabilitation Code offers a framework for both parties to collaborate on providing treatment and support while the claim is investigated. This is a voluntary process but should be strongly considered, as it allows the injured person to receive necessary care without having to repay costs if the claim is unsuccessful.

At Switalskis, our Brain & Spinal Injury Team is highly experienced in handling complex and serious pedestrian accident cases under ‘No Win No Fee’ agreements. If you need advice, please contact us for support tailored to your situation.

Find out how Switalskis can help you

Don't navigate the complexities of a brain injury claim alone. Put your trust in Switalskis' expertise and compassionate service. Contact us today to schedule a confidential consultation with our specialist brain injury solicitors. Call us on 0800 138 0458  or get in touch via the website .