Winning PI Pedestrian Claims – 2026

Accidents involving pedestrians remain some of the most challenging personal injury claims. Issues around liability, contributory negligence, identification of the correct defendant, expert evidence, and the evolving Highway Code can significantly impact prospects of success.

This webinar will examine key legal principles and recent case law to enable fee earners to carry out effective risk assessments and make informed strategic decisions when pursuing or defending pedestrian claims.

Introduction

• Why pedestrian claims are uniquely challenging
• Typical fact patterns and recurring issues
• Evidential Challenges
• Claimant vs Defendant perspectives
• Importance of early risk assessment

Pedestrians in Public Places & Car Parks

• Defining “public places” and duty of care
• Ownership, control, and identifying the correct defendant
• Key Case:
  • Brown v Fisk [2021] EWHC 2769 – liability in car parks and public places
• Practical takeaways for fee earners

Contributory Negligence – Adults

• When is contributory negligence likely to succeed?
• Pedestrian behaviour vs driver obligations
• Allegations of inattention, crossing points, and visibility
• Safe Speed Allegations:
  • Parker v McClaren [2021] EWHC 2828 (QB)
• How courts assess speed, reaction time, and avoidance

Contributory Negligence – Children

• Different standards applied to children
• Age, understanding, and foreseeability
• Key Case:
  • Gul v McDonagh [2021] EWCA Civ 1503
• Practical guidance on pleading and defending child pedestrian claims

Successful Defences in Pedestrian Claims

• Common defences that succeed (and why)
• Burden of proof and credibility issues
• Key Case:
  • Vincent v Walker [2021] EWHC 536 (QB)
• Lessons for claimant solicitors when assessing prospects

Evidential Issues & Expert Evidence

• Accident reconstruction evidence – when is it necessary?
• CCTV, dashcam, body-worn camera evidence
• Witness reliability and inconsistencies
• Medical evidence and causation challenges

Highway Code Changes & Impact on Pedestrian Claims

• Overview of the 2022 Highway Code changes
• Hierarchy of road users
• How courts are applying the changes
• Strategic use in pleadings and negotiations

Top 3 Facts From the Webinar:

• Red flags and green lights in pedestrian claims
• Making confident risk assessments
• Maximising prospects of success

Who This Is For:

This webinar is a must-watch for anyone working within Personal Injury.

Level of Expertise:

All Levels – this can be picked up throughout anyone's professional career regardless of experience.

CPD Hours:

This live webinar provides you with 1 hour of learning.

Attendees will receive a CPD certificate upon completion of this course.

Learning Objectives

By the end of this webinar, attendees will be able to:

• Identify common liability issues in pedestrian claims
• Assess contributory negligence risks for adults and children
• Understand how recent case law impacts prospects of success
• Apply Highway Code changes (2022 onwards) to liability arguments
• Evaluate evidential strengths and weaknesses at an early stage
• Red flags and green lights in pedestrian claims
• Making confident risk assessments
• Maximising prospects of success
• Questions & discuss