What to do if you accidentally hit a pedestrian while driving

One of the most frightening aspects of driving is the potential for a car accident, even more so if you accidentally hit a person. The consequences for this can be serious, even if you’re driving at a lower speed.

If you find yourself in this unfortunate situation, remember that the decisions you make following the incident or accident can affect what happens next.

Stop immediately

Failing to stop at the scene of any accident involving injury to another person is a criminal offence under the Road Traffic Act 1988. You should stop regardless of fault, speed and whether you believe the person is seriously hurt.

• Pull over somewhere safe
• Turn off your engine
• Put your hazard lights on

No matter how shaken you and the person who has been hit are, it’s important you stay at the scene and contact the emergency services.

Call 999

Call 999 if someone has been struck by a vehicle and ask for both an ambulance and the police. Do not wait to assess how serious the injury looks as adrenaline can mask the true extent and anything internal may not be visible.

While you wait for the emergency services to arrive, you should:

• Stay with the injured person, as long as it is safe to do so
• Keep them calm and still. Do not attempt to move them unless they are in immediate danger
• Attempt to keep other road users away from the scene

Don’t apologise or admit fault

This part may be tricky as your instincts will be telling you to apologise if you hit someone. However, in legal terms, an apology at the scene could be interpreted as an admission of liability. This can have significant consequences on any following insurance claim or prosecution.

At this moment, it’s more important to stay calm and focused on getting the help that is needed. Let the insurers deal with the facts once you have contacted them with your account of the situation.

What do you legally have to do if you hit someone?

Section 170 of the Road Traffic Act 1988 says you must do the following:

• Stop at the scene
• Give your name and address to anyone who has reasonable grounds to ask for them
• Report the accident to the police as soon as possible (within 24 hours)

While the emergency services are on their way and the immediate situation is under control, you should start gathering information. Record the following information:

• The exact time, date, and location of the accident
• The names and contact details of any witnesses
• Photos of the scene: road conditions, road markings, your vehicle position, any tyre marks or debris
• The locations of any CCTV cameras in the area (shops, traffic lights, buildings) and note their locations

Don't discuss who was potentially at fault with anyone at the scene. Give the police a clear and factual account of what happened.

What should you tell your insurer?

If you’ve hit a person, you must notify your insurance provider of the incident or accident as soon as possible. Failing to do so could invalidate your policy.

Your insurer will handle any claims made against you by the injured party. All correspondence should be with their insurer or solicitor and your insurer.

If the pedestrian was injured and the accident was partly or entirely your fault, they may claim compensation for injuries, loss of earnings and other costs.

All UK car insurance policies must cover third-party injury claims, so this is exactly what your cover is there for.

What compensation can a pedestrian claim after being hit by a car?

If a pedestrian is injured as a result of a collision that was partly or entirely your fault, they have the right to make a personal injury claim against you.

This is handled by your insurer, not by you directly, which is why notifying them promptly is important.

Compensation claims are typically split into two categories:

• General damages cover pain, suffering and loss of amenity the physical and psychological impact of the injury itself
• Special damages cover financial losses caused by the injury, such as medical treatment costs, rehabilitation, lost earnings, and travel to appointments

What if the pedestrian was at fault?

Revised in 2022, The Highway Code’s hierarchy of road users places more responsibility on drivers, giving them a greater duty of care towards pedestrians. However, pedestrians still have obligations.

If they step out unexpectedly, walk onto the road at a red light or fail to take reasonable care, the fault could be shared.

In these cases, an insurance claim will result in split liability. This is when compensation is reduced in proportion to the pedestrian’s share of responsibility.

If fault is disputed, your insurer and their legal team will investigate using witness accounts, CCTV footage and any other evidence gathered at the scene.

What happens if the pedestrian wasn't seriously hurt or there were no injuries?

Even if the pedestrian appears uninjured at the scene, you should still follow the steps:

• Stop
• Exchange details
• Consider reporting to the police

If there were genuinely no physical injuries, a pedestrian could still pursue a claim for damage to their personal property.

If they fell as a result of the collision and broke a phone, laptop or other belongings, they may seek to recover those costs.

These are unlikely to be significant, but it is another reason to ensure your insurer is informed regardless of how minor an incident appears.

What if you’re driving someone else’s car?

If you’re driving someone else’s car at the time of an accident, their insurer will handle the claim - not yours. This means the owner’s no claims discount is at risk and they could face higher premiums.

Getting temporary car insurance when you plan to borrow a car means the claim will go through your policy, potentially saving the owner a financial headache later.

Temporary insurance takes minutes to sort and can cover you from 1 hour to 28 days.

Pedestrian accidents are serious. The right preparation (including having your own insurance in place) means that if the worst happens, you're protected.

Sources

https://www.legislation.gov.uk/ukpga/1988/52/section/170

https://www.gov.uk/penalties-points-fines

https://www.gov.uk/government/news/the-highway-code-8-changes-you-need-to-know-from-29-january-2022

https://www.gov.uk/guidance/the-highway-code

https://www.judiciary.uk/guidance-and-resources/judicial-college-guidelines

https://www.gov.uk/government/statistics/reported-road-casualties-great-britain-2023

https://www.mib.org.uk