Pedestrians crossing road
Pedestrians crossing road

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Pedestrian accident claims in Scotland

Every day of every year, people walk our roads and pathways, minding their own business -- only to be hit 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.

On our streets and pavements, crossing the road, pedestrians expect to be safe.

Despite all the safety advice, warnings and risk-reducing measures, pedestrians are still injured far too frequently.

Official figures for 2022 show there were 904 pedestrian casualties – this accounts for 16% of all road-related casualties. Unfortunately 34 of these casualties were fatal and 362 were seriously injured.

But what is truly upsetting is what this data from Transport Scotland really represents.

These statistics are husbands, wives, fathers and mothers. Sons, daughters, brothers, sisters, grandparents and old friends. Loved ones injured or taken, through no fault of their own.

The devastating seriousness and 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.

This is why we support and campaign 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 in helping them recover pedestrian injury compensation.

Pedestrian crossing the road

We can’t undo what happened but we can help with what happens next

When you come to Digby Brown with a pedestrian accident claim, you are not dealing with a random claims handler who speaks from a script and then reads from a spreadsheet of claim values.

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 to account and get you the compensation you deserve.

We have seven offices across the country to make sure our support is as close to you as possible – Glasgow, Edinburgh, Dundee, Aberdeen, Inverness, Ayr and Kirkcaldy. So wherever you live you know your personal injury solicitor will be based in the most convenient office to you. But even if you live abroad and were only visiting Scotland we also have a Foreign & Travel Team with in-house foreign language speakers to help.

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.

I’m a pedestrian who was hit by a car – what do I do?

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.

Responsible cyclists and motorbike riders, although still vulnerable, are afforded some protection through equipment like helmets or protective clothing. Many riders who utilise helmets or body cams even benefit from the protection such devices offer as they act as a deterrent to potentially inconsiderate behaviour from other road users.

But pedestrians are completely exposed.

They don’t walk along pavements with airbags. They don’t cross the street in hard hats. They don’t have access to special safety equipment to keep them safe when something goes wrong.

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 your 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. 

In plain English, 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.

Thanks to the unique funding model ‘Compensate’, Digby Brown will also do all of this work on a no win, no fee basis and in a way that has no financial implications for you. We pay for all the reports and legal expenses ourselves and recover the costs from the other side when your case is settled.

The only thing you would ever pay is a small success rate which is never more than 20%* of your settlement. This is fully explained when you first talk to us. There are no catches or hidden fees, it is simply the best way to access legal help so you don’t have to pay for the service up front. Not many people can afford to pay for legal expertise on an hourly rate, especially if you have just been in an accident.

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.

Our reputation speaks for itself – and so do the critics

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).

* 20% is inclusive of VAT and applicable for cases signed up from 1st April 2020

0333 200 5926

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Saturday and Sunday: 12pm - 4pm

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