Pedestrian hit by a car: what are your rights and how much compensation can you claim?

When is a driver liable in the event of a collision with a pedestrian?

In most cases, the driver of the motor vehicle is liable if a pedestrian is hit. The law
assumes that pedestrians are vulnerable road users and therefore require extra protection.

In practical terms, this means:

• The driver is often fully or largely liable.
• The damage will be covered by the vehicle’s insurer.
• Even if the pedestrian is at fault, they may still be entitled to compensation.

Only in exceptional circumstances, such as where the pedestrian has acted with intent or recklessly, may liability
be assessed differently.

Pedestrian hit by a car: what about liability and contributory negligence?

Many pedestrians believe they are not entitled to compensation if they themselves were at fault. This is usually
incorrect.

In the event of a collision between a motor vehicle and a pedestrian, the so-called 50% rule applies in many cases.
This means that at least 50% of the damage is compensated, even if the pedestrian is partly to blame for the accident.

In addition, the court may apply an equity adjustment. In doing so, the following factors are taken into account:

• the severity of the injury
• the impact on daily life
  
• the victim’s age
  
• the degree of culpability
  

In practice, this often means that a larger proportion of the damage is compensated than expected.

Child as a pedestrian hit by a car

When a child is hit by a vehicle whilst walking, stricter rules apply.

Child under the age of 14 years

Is the child younger than 14 years old? Then does the child virtually always entitled to 100% compensation. Only
in the case of intent can an exception be made to this rule. Own fault plays no role in these cases.

Child aged 14 or over

For children aged 14 and over, the circumstances of each case are taken into account. Here too, children are afforded extra protection and a large proportion of the damages is often awarded.

What compensation can you claim as a pedestrian?

As a pedestrian you can claim compensation for various items of damage. It is not just about immediate medical costs, but also about
damage that arises later.

Common types of damage include:

• medical expenses not covered by health insurance
• loss of income or delay in studies
• costs of domestic help
• travel expenses to see doctors and specialists
• costs for home modifications
• compensation for pain, grief and loss of enjoyment of life
• future damage in the event of permanent injury

It is important to carry out a thorough assessment of all the damage to avoid having to bear the costs yourself later on.

How much compensation does a pedestrian receive on average?

There is no fixed amount for compensation following a collision. The amount of compensation depends on several
factors, such as:

• the severity of the injury
• the duration of the recovery
• the impact on work, study and personal life
• the victim’s age
• any permanent limitations

In cases of minor injury, the compensation may be relatively limited. In cases of serious or permanent injury, the compensation may be considerably
higher. A realistic estimate can only be made following a thorough review of the case file.

What should you do if you are hit by a car as a pedestrian?

After a collision, it is important to take the right steps as soon as possible:

1. Seek medical help, even if the symptoms seem mild at first.
2. Collect the driver’s and vehicle’s details.
3. Make a note of any witnesses’ details.
4. Take photos of the scene and the injury.
5. Report the accident to the insurer.
6. Seek legal advice in good time.

Early support prevents important information from being lost.

Do you need a personal injury solicitor if you are involved in a collision as a pedestrian?

In many cases, it is advisable to seek legal assistance. Personal injury cases are complex, and insurers take a critical view of liability and damages.

Important to note:

• The costs of legal assistance are often covered by the liable party’s insurer.
• In many cases, you won’t have to pay anything yourself.
• An advocate ensures peace of mind, clarity and a smooth resolution.

This will help you avoid settling for too little compensation.

Frequently Asked Questions

What if the driver drove off after the accident?

Compensation may also be available in the event of a hit-and-run, for example through the Motor Traffic Guarantee Fund.

Do I need to report the accident?

Reporting the incident is not always mandatory, but it can help establish the facts.

How long do I have to make a claim for damages?

For personal injury claims, there is usually a limitation period of five years from the moment you become aware of the injury and the party liable.

What if there wasn’t a pedestrian crossing?

Even without a zebra crossing, the driver may still be liable. The specific circumstances are decisive in this regard.

Why good legal advice is important

Being involved in a collision as a pedestrian can have serious consequences, both physically and financially. Good legal advice
ensures that:

• your rights are protected
• all items of damage are included
• you are not pressured by insurers
• the claim is settled correctly and in full

That gives you peace of mind, so you can focus on your recovery.