Pedestrian accident claims Scotland — compensation for road accident injuries
Reviewed by [Solicitor Name TBC], Personal Injury Solicitor, regulated by the Law Society of Scotland Last reviewed: 31 May 2026
In brief: If you were struck by a vehicle as a pedestrian in Scotland, you may be entitled to claim compensation. Pedestrians are among the most seriously injured victims of road accidents. The fact that you were not on a pedestrian crossing, or that you stepped into the road, does not automatically defeat your claim. All cases are handled on a No Win No Fee basis.
Start a free pedestrian accident claim assessment or call 0800 123 4567.
Can you claim if you were hit by a car as a pedestrian in Scotland?
Yes. Pedestrians have the same right to make a personal injury claim as any other road accident victim. Drivers have a legal duty to take reasonable care for the safety of other road users, including pedestrians.
A claim may be possible in all of the following situations:
- You were struck while crossing at a pedestrian crossing
- You were struck while crossing the road away from a crossing
- You were struck on a footpath by a vehicle that mounted the kerb
- You were struck while walking in a car park
- You were hit by a vehicle reversing from a driveway
- You were involved in an accident where a vehicle collision caused injury to you as a bystander or passer-by
The key question in each case is whether the driver failed to take reasonable care, and whether that failure caused your injuries. The precise location and circumstances of the accident affect how fault is assessed, not whether a claim can be made at all.
Can you claim if you were partly at fault?
Yes. Many pedestrian accident victims hesitate to claim because they believe they were partly responsible — for example, they stepped out without looking, crossed away from a designated crossing, or were distracted. Under Scots law, this does not prevent you from making a claim.
The doctrine of contributory negligence means your compensation is reduced proportionally by the degree to which you were at fault. If a court found you were 30% responsible for the accident, your award would be reduced by 30%. You would still recover the remaining 70%.
Courts take the full circumstances into account, including visibility, the speed and position of the vehicle, and what a reasonable driver should have anticipated. Drivers are expected to drive at a speed at which they can stop in the distance they can see to be clear.
Injuries in pedestrian accidents
Pedestrians have no protection from the force of a vehicle impact. Injuries in pedestrian accidents are frequently severe.
Common injuries include:
- Leg and pelvis fractures — often caused by direct contact with the vehicle
- Head and brain injuries — often caused by impact with the bonnet, windscreen, or road surface
- Spinal injuries
- Internal injuries
- Shoulder and arm fractures — often sustained when the pedestrian is thrown
- Soft-tissue injuries and extensive bruising
- Psychological injuries including post-traumatic stress disorder, which is common after being struck by a vehicle
Pedestrian accidents are among the most serious categories of road accident claim, and compensation values reflect the severity of the injuries involved.
How much compensation for a pedestrian accident in Scotland?
Compensation covers general damages (pain and suffering) and special damages (financial losses). The figures below are illustrative only.
| Injury | Illustrative range |
|---|---|
| Soft-tissue injuries, moderate | £4,000 to £10,000 |
| Leg fracture (simple) | £9,000 to £27,000 |
| Leg fracture (severe or multiple) | £27,000 to £100,000+ |
| Pelvis fracture, moderate | £24,000 to £36,000 |
| Pelvis fracture, severe | £36,000 to £95,000+ |
| Head injury, minor (full recovery) | £2,000 to £12,000 |
| Head injury, moderate | £40,000 to £85,000 |
| Head injury, severe | £264,000 to £379,000+ |
| Spinal cord injury (serious) | £50,000 to £354,000+ |
| Psychological injury (moderate) | £5,500 to £17,000 |
Special damages include lost earnings, medical and rehabilitation costs, travel, and any long-term care costs for serious injuries.
Children struck as pedestrians
Children are significantly over-represented in pedestrian accident statistics, particularly on the route to and from school. If your child was struck by a vehicle in Scotland, you can make a claim on their behalf.
The Scottish age-16 time limit rule applies: the three-year limitation period for a child's claim begins on their 16th birthday, not their 18th birthday as in England. A child struck at age 7 has until their 19th birthday to claim, but there is no reason to wait — starting the claim promptly while evidence is fresh is almost always the better approach.
Courts also take the age of a child into account when assessing contributory negligence. A young child who steps into a road is held to a lower standard of care than an adult. The driver's duty to anticipate the unpredictable behaviour of children near schools or in residential areas is relevant.
Hit by an uninsured or untraced driver
If the driver who struck you drove away without stopping, or if they were uninsured, you can still claim through the Motor Insurer's Bureau.
For hit and run accidents, the accident must be reported to Police Scotland within 14 days. A crime reference number is needed to support a MIB claim.
Find out more about hit and run claims in Scotland.
What evidence helps a pedestrian accident claim?
- Call 999 if you are seriously injured. Police attendance creates an official record.
- Report to Police Scotland if the police did not attend the scene. Do this promptly.
- Note the vehicle details — registration, make, colour, and the driver's name and insurance details if possible.
- Witness details — pedestrian accidents often happen in public places where bystanders may have seen what occurred.
- CCTV and dashcam footage — request preservation from nearby businesses, traffic cameras, or any vehicles that may have recorded the accident.
- Photographs of the scene, the vehicle, and your injuries.
- Medical records — seek treatment as soon as possible.
Your solicitor will assist in gathering and preserving evidence once instructed.
How the claims process works
- Free assessment. You describe the accident and your injuries. Your solicitor advises on the merits of your claim.
- Evidence gathering. Medical records, police reports, CCTV, witness statements, and expert reports are obtained.
- Letter of claim. Your solicitor writes formally to the driver's insurer.
- Negotiation. Most pedestrian accident claims settle through negotiation.
- Settlement or court proceedings. If the insurer disputes liability or makes an inadequate offer, proceedings are raised in the Sheriff Court.
No Win No Fee pedestrian accident claims in Scotland
All pedestrian accident claims are handled on a No Win No Fee basis. You pay nothing if your claim is unsuccessful.
Find out more about No Win No Fee in Scotland.
Time limits
You have three years from the date of your accident. For child claimants, the three-year period begins on their 16th birthday. For hit and run claims, the accident must also be reported to Police Scotland within 14 days.
Frequently asked questions
What if I was not on a pedestrian crossing when I was hit?
You can still claim. The location of the accident affects how fault is assessed, but drivers have a duty to be aware of and take reasonable care for pedestrians in all road environments, not only at designated crossings. Whether you were crossing at a crossing, crossing elsewhere, or walking on a pavement, your ability to claim depends on whether the driver failed to take reasonable care.
What if the driver says they could not have stopped in time?
This is a common defence. Your solicitor will examine the speed of the vehicle, the sight lines at the location, road conditions, and what a reasonable driver should have anticipated in those circumstances. In many cases, expert accident reconstruction evidence is useful.
Can I claim if the accident happened in a car park?
Yes. Car park accidents are common and drivers owe a duty of care to pedestrians in car parks just as on public roads.
How long will my claim take?
Straightforward claims with clear liability can settle within 6 to 12 months. Claims involving serious injuries, where it is necessary to wait for the medical position to stabilise, or where liability is disputed, typically take longer.
What if I was drunk at the time of the accident?
Being under the influence of alcohol may be raised as a contributory negligence argument by the other side. It does not automatically prevent a claim. The extent to which your intoxication contributed to the accident — if at all — is a factual question. Your solicitor will advise on how it affects your specific case.
Start your pedestrian accident claim today
A free assessment is available now. Our partner solicitors are regulated by the Law Society of Scotland and handle all claims on a No Win No Fee basis.
