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Can pedestrians claim after a road accident in Glasgow?
Yes. If another road user (driver, cyclist, motorcyclist) caused the accident, you may be entitled to claim. Scotland's time limit is 3 years from the date of the accident (or from age 16 if a child).
Key points:
- You don't need to be on a designated crossing to claim.
- Even if you were partly at fault, you may still be entitled to compensation.
- Claims can be made against drivers, cyclists, motorcyclists, or the council (for pavement defects).
- Children have until age 19 to make a claim (3 years from their 16th birthday).
What are common pedestrian accident scenarios?
Vehicles failing to stop at crossings
Drivers ignoring zebra crossings, running red lights at pelican crossings, or failing to give way when pedestrians have right of way.
Turning drivers not checking for pedestrians
Vehicles turning left or right at junctions without looking for people crossing. Particularly common when drivers are focused on traffic lights or other vehicles.
Reversing vehicles in car parks
Drivers reversing out of parking spaces without checking properly. Supermarket and retail park car parks are common locations.
Hit-and-run incidents
Driver strikes pedestrian and leaves the scene without stopping. These cases require immediate police reporting and can be claimed through the MIB.
Pavement collisions
Vehicles mounting pavements, delivery drivers, or cyclists on pavements striking pedestrians.
Poor visibility conditions
Accidents at night, in rain, or fog where drivers fail to see pedestrians due to inadequate lighting or speed.
Distracted drivers
Drivers using mobile phones, adjusting sat-navs, or not paying attention to the road ahead.
What evidence supports a pedestrian claim?
Police incident reference
Report the accident to police as soon as possible, especially if the driver left the scene. Keep the incident reference number and obtain copies of any police reports.
CCTV or dashcam footage
Check for council CCTV, traffic cameras, nearby business cameras, or dashcam footage from passing vehicles. Act quickly as footage is often overwritten.
Medical reports
Attend A&E immediately, even if injuries seem minor. Keep all medical records, discharge notes, GP visits, physiotherapy reports, and prescriptions.
Witness statements
Names, phone numbers, and addresses of anyone who saw the accident. Independent witnesses (not friends or family) carry more weight.
Photos of the scene (road markings, signage)
Photograph crossing markings, traffic lights, road signs, visibility issues, weather conditions, and any obstacles. Take photos from multiple angles.
Vehicle details
Registration number, make/model, driver's name and address, insurance details. Take photos of the vehicle and any damage.
Clothing and footwear
Don't wash or discard damaged clothing. Damage patterns can demonstrate impact severity and what you were wearing (visibility).
What if the driver fled the scene?
You may still claim through the Motor Insurers' Bureau (MIB) under the untraced driver scheme. Police reporting is mandatory.
Critical steps for hit-and-run claims:
- Report to police within 14 days: Mandatory for untraced driver claims. Obtain incident reference number.
- Report to MIB within 9 months: Strict deadline. Missing it may mean losing your right to claim.
- Gather evidence immediately: CCTV, witnesses, photos. Time is critical as footage may be overwritten.
- Note vehicle details if possible: Partial registration, make/model, colour, direction of travel.
- Seek medical attention: Creates contemporaneous medical evidence of your injuries.
See our detailed MIB claims guide for more information on untraced driver claims.
How long do pedestrian claims take?
Typically 6-18 months, depending on liability disputes and severity of injuries.
Factors affecting timescales:
- Liability disputes: If the driver denies fault or argues you stepped out suddenly, claims take longer.
- Injury severity: Serious injuries requiring ongoing treatment need time to assess full recovery and future needs.
- Evidence quality: Strong evidence (CCTV, witnesses) can lead to quicker settlements.
- Insurer cooperation: Some insurers settle quickly; others defend claims robustly.
- MIB claims: Untraced driver claims through MIB can take 12-18+ months due to investigation requirements.
What injuries do pedestrians commonly suffer?
Pedestrians have no protection in collisions, making injuries often severe:
- Head injuries: Concussion, skull fractures, traumatic brain injury from impact with vehicle or ground.
- Fractures: Legs, arms, hips, pelvis - common from direct impact or falling.
- Spinal injuries: Back and neck damage, potentially causing long-term disability.
- Soft tissue injuries: Whiplash, ligament damage, muscle tears.
- Internal injuries: Organ damage, internal bleeding - may not be immediately apparent.
- Facial injuries: Broken nose, jaw, teeth, facial scarring.
- Psychological trauma: PTSD, anxiety about crossing roads, depression following serious accidents.
What compensation can pedestrians claim?
Injury compensation (general damages)
Pain, suffering, and loss of amenity. Pedestrian injuries are often severe, leading to higher compensation.
Lost earnings
Time off work, reduced hours, or inability to return to previous employment.
Medical costs
Private treatment, physiotherapy, counselling, prescriptions, medical equipment.
Travel expenses
Taxis, public transport for medical appointments, or inability to walk usual routes.
Care and assistance
Professional or family care costs if injuries prevent you managing daily activities.
Damaged property
Clothing, bags, mobile phones, glasses, or other items damaged in the accident.