Pedestrian accident claims in Scotland
Every day, people walk our roads and pathways expecting to be safe - yet many are involved in pedestrian accidents caused by a negligent driver.
Pedestrians are probably the most vulnerable road users of all. Unlike motorists, they are not surrounded by a protective metal box with high-tech gadgets to protect them. Unlike cyclists, pedestrians don’t routinely wear protective helmets, lights or bright clothing.
In 2024, there were 899 pedestrian casualties - accounting for 16% of all road-related casualties. Unfortunately 42 of these casualties were fatal and 430 were seriously injured.
These statistics aren’t just numbers. They are loved ones injured or taken, through no fault of their own.
The devastating frequency of road traffic accidents involving pedestrians means we are asked for help by individuals and families nearly every day. It matters to Digby Brown to strive to help people wherever we can to ensure they access the support, justice and damages they deserve.
How Digby Brown helps pedestrians injured in road traffic accidents in Scotland
When you come to Digby Brown with a pedestrian accident claim, you are not dealing with a random claims handler. You are given a legally qualified professional whose sole aim is to find out who was at fault and hold the driver who hit you accountable, getting you the compensation you deserve.
One of our clients suffered a broken ankle after being hit by a car. The injury meant he could no longer work as a windfarm engineer and he had to change his career. This meant he also lost the future earnings he would have otherwise achieved. But our trained solicitor was able to work with the right experts to compensate our client for this loss for £270,000.
What to do if you are hit by a car as a pedestrian
When it comes to road safety there is one simple truth - people are vulnerable.
Motorists are essentially cocooned in metal boxes surrounded by seatbelts, airbags and brakes to provide protection. Many modern cars even have special guidance systems that automatically reduce speed or even change direction to avoid accidents.
But pedestrians are completely exposed.
This is why incidents involving a person being struck by a vehicle can very often have serious, life-changing or tragic consequences.
It’s also why The Highway Code rightly places pedestrians at the top of their hierarchy of guidance to make it clear that pedestrians have the right of way in a lot of circumstances.
What a pedestrian accident solicitor will do for you
There is no simple way to achieve pedestrian injury compensation because the reality is the law itself isn’t simple. But your independent solicitor is trained to navigate this very process to ensure you, your family and your future is provided for.
Your solicitor will keep you updated on the entire claim process so you understand what is happening and why it is happening. This might be in relation to:
gathering police reports to investigate the circumstances of the incident
gathering medical evidence to assess your injuries
helping to calculate the losses you have suffered today and the future
guiding you through the complete process
Your solicitor will make sure you understand every update in your pedestrian accident claim without any confusing jargon.
No win, no fee personal injury solicitors
The expression “No win, no fee” is often used in personal injury cases. It is used as a way of funding a compensation claim where the accident victim does not have the means to pay for the costs involved as the case progresses.
A number of solicitors are prepared to handle personal injury cases on a “No Win – No Fee” basis but very few are able to offer their clients complete protection if the case is unsuccessful.
In that event, the client could end up being liable for many thousands of pounds in legal expenses or the case won't be fully investigated and therefore likely to under-settle.
Compensate 'no win, no fee' funding
Digby Brown has its own funding company, Compensate, which provides the funding to allow the case to be fully investigated, employ the best experts surrounding the circumstances of the accident and/or injuries sustained and where and if necessary go to court.
If for whatever reason the case is unsuccessful, Compensate pays all your legal expenses and those of your opponent – you pay nothing.
On average our clients receive over 3 times the pre-litigation offer
Because of Compensate funding Digby Brown's success rate is extremely high and on average our clients receive three times the pre-litigation offer.
In the event the case is successful, a small percentage of your damages will be deducted with VAT to pay for this service. The percentage which Compensate will charge depends on the degree of risk involved. We believe that this is the fairest method of giving clients access to justice whilst ensuring their cases are fully investigated, prepared and funded.
Don’t take our word for it, just read many of the court decisions and case studies on our website.
Beware of compensation offers which may be too good
We know you will have seen many adverts offering 100% compensation or telling you that you will not lose any of your compensation, however we believe there are a number of problems with companies that do this.
- How do they make their money if they don’t charge you anything?
- If they aren’t taking any money from you, the client, what incentive do they have to ensure you receive the right level of compensation, appropriate to the injuries you have sustained?
- Fully preparing a case, finding out exactly what happened and what the consequences of your injuries may mean in the long term, is expensive, how do they do this properly?
- If they aren’t fully preparing these cases will they just accept the first offer they are given on your behalf by the Insurance company?
- It makes simple business sense, the less work they do the higher their profit margin is - they simply have no incentive to work harder on your behalf.
- These adverts in the main are from English firms on national television which operates in a different way and therefore wouldn’t apply to a Scottish person.
We know from the many client cases we mandate from other firms of solicitors (in the main at the request of the client who is extremely unsatisfied with the service received for the other firm) that many shortcuts are taken in preparation and that the first offer received is being recommended for acceptance, regardless of the value.
Getting something for nothing is usually the first sign of poor service.
Correct level of compensation with Digby Brown
Our experience and statistics show time and time again we will achieve the correct level of compensation which will be substantially more than the insurer is initially prepared to offer.
Even after we have deducted our percentage as a success fee you will gain considerably more than you would have achieved using a 100% compensation model.
Contact Digby Brown's personal injury solicitors
We have offices across Scotland in Glasgow, Edinburgh, Dundee, Kirkcaldy, Inverness, Aberdeen and Ayr.
For further information about no win, no fee, or anything else, call us on 0333 200 5925 or fill in our enquiry form below and someone will get back in touch with you.
Why choose Digby Brown for pedestrian accident claims?
Digby Brown recovers more than £140 million in damages for clients every year. Insurers know us very well and we are taken seriously when we take on a pedestrian injury claim. That is why we achieve many times more than the offers they try and push people to accept before we get involved.
Digby Brown has been top ranked in Chambers for the last eighteen years and top ranked by Legal 500 for the last fourteen. The firm has also been recognised as Law firm of the Year in Scotland for five out of the last seven years (2015, 2016, 2018, 2019 and 2022).
Digby Brown supports and campaigns with the likes of road safety charity Brake or recovery groups like Spinal Injuries Scotland and Headway. Every day, we see the devastation caused by negligence. That is why we are just as committed to preventing accidents and helping people rebuild their lives as we are to helping them recover pedestrian injury compensation.
FAQ
Is there a time limit to claim?
If you’ve been involved in a pedestrian accident, you can usually make a compensation claim within 3 years from the date of the incident. For children under 16, claims can be made at any time until their 19th birthday.
Starting your claim early helps preserve important evidence, such as witness statements, which can be harder to gather as time passes.
What if I were partly at fault?
Even if you were partly responsible for the accident, you may still be able to claim compensation.
However your compensation could be reduced to reflect your share of fault between a pedestrian and a driver. For example if both you and the driver are 50% at fault, your compensation would be reduced accordingly.
How much compensation can a pedestrian claim?
It is difficult to estimate how much compensation you may receive, as it depends on several factors that must be properly assessed and supported by evidence.
These include the severity of your injuries, the impact on your daily life and ability to work, medical and rehabilitation costs, and any current or future loss of earnings. Every claim is different, and your solicitor will carefully assess your case to ensure you receive a fair settlement.
What if the driver was uninsured?
If the driver who hit you was uninsured you can still make a claim.
About 1 in 20 drivers are uninsured but the Motor Insurers’ Bureau (MIB) exists to compensate people injured by uninsured drivers or drivers who cannot be traced, including in hit-and-run accidents.
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Saturday and Sunday: 12pm - 4pm
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