Pedestrian deaths (2024)
409
Great Britain, DfT
Duty to report
24 hrs
if details not exchanged
Maximum sentence
Life
death by dangerous driving
Civil claims paid by
Insurer
in almost all cases
Written by
Rizwan Shabir
Personal Injury Solicitor at Claim Time Solicitors, Birmingham. Handling personal injury and child injury claims across England and Wales on a No Win No Fee basis.
Every guide we publish is checked against current UK statute and official statistics before release.
There can be severe legal consequences of hitting a pedestrian in the UK. So, if you hit a pedestrian accidentally, or by being negligent, you must stop at the scene, exchange details and report the accident to police within 24 hours if you could not do so at the time. Consequences range from no further action to penalty points, fines, disqualification or imprisonment, depending on how you were driving. Any compensation claim by the pedestrian is a separate civil matter, normally handled by your insurer.
Hitting a pedestrian is one of the most distressing things that can happen to a driver, and the legal consequences of hitting a pedestrian are rarely explained clearly. Whether anyone was hurt, how you were driving, and what you did immediately afterwards all shape what happens next.
In 2024, 409 pedestrians were killed on Great Britain’s roads, and 5,823 were seriously injured, according to the Department for Transport’s pedestrian factsheet. Most collisions involve ordinary drivers on ordinary roads, not extreme behaviour.
This guide explains your legal duties at the scene, the offences that can apply, how police investigate, what happens in fatal cases, and how civil compensation claims work. It also covers what to do if you were the pedestrian who was hit.
What must you do immediately after hitting a pedestrian?
Stop, check for injuries, call 999 if anyone is hurt, and exchange details. If you cannot exchange details at the scene, you must report the accident to police within 24 hours. These duties apply even if the pedestrian seems unhurt or walks away.
Definition
Duty to stop and report
Section 170 of the Road Traffic Act 1988 requires any driver involved in an injury accident to stop and give their name, address and vehicle details, and to report the accident to police within 24 hours if details were not exchanged at the scene.
Failing to stop or failing to report is a criminal offence in its own right, carrying up to six months’ imprisonment, five to ten penalty points and possible disqualification. Drivers are sometimes convicted of this offence even where the collision itself was not their fault.
At the scene, stick to facts when speaking to police. Do not speculate about speed, visibility or blame. Investigators establish responsibility from evidence, not from what a shaken driver says in the first ten minutes.
If the accident was serious, it is sensible to get legal advice early. That is not about avoiding responsibility. It is about understanding your position before you are interviewed.
What offences can you be charged with?
It depends on the standard of your driving, not on the outcome alone. If your driving was careful and the collision was unavoidable, you may face no charge at all. If it fell below the required standard, charges range from careless driving to causing death by dangerous driving.
| Offence | Law | Maximum penalty |
|---|---|---|
| Careless driving | s.3 RTA 1988 | Fine, 3 to 9 points, possible disqualification |
| Dangerous driving | s.2 RTA 1988 | 2 years' imprisonment, disqualification |
| Causing serious injury by careless driving | s.2C RTA 1988 | 2 years' imprisonment |
| Causing serious injury by dangerous driving | s.1A RTA 1988 | 5 years' imprisonment |
| Causing death by careless driving | s.2B RTA 1988 | 5 years' imprisonment |
| Causing death by dangerous driving | s.1 RTA 1988 | Life imprisonment |
| Failing to stop or report | s.170 RTA 1988 | 6 months' imprisonment, 5 to 10 points |
Maximum penalties reflect the uplifts introduced by the Police, Crime, Sentencing and Courts Act 2022. Sentences in practice depend on the facts of each case.
Driving under the influence of alcohol or drugs is treated as a serious aggravating factor and carries its own parallel offences with higher sentencing outcomes.
The law punishes the driving, then scales the sentence by the harm. The same momentary lapse can mean a fine if nobody is hurt and a prison sentence if someone dies.
Could you go to prison for hitting a pedestrian?
Yes, but only where the driving itself was careless or dangerous, or where you failed to stop. A driver who was driving carefully and could not have avoided the collision does not commit an offence, however serious the injury. Most prison sentences in pedestrian cases involve death or serious injury combined with clearly substandard driving, excess speed, drink or drugs, or leaving the scene.
What happens if a pedestrian dies?
Fatal cases trigger a specialist police investigation, a coroner’s inquest, and a charging decision by the Crown Prosecution Service. The process is thorough and usually takes months.
A fatal collision is investigated by a specialist collision investigation unit. The road is closed, vehicles are examined forensically, and reconstruction experts model speed and sightlines. The coroner opens an inquest to establish how the person died, which runs separately from any criminal case. The CPS then decides whether the evidence supports a charge.
For the driver, this period is long and uncertain. You may be interviewed under caution, and your vehicle may be held for months. Legal representation before any interview is strongly advisable.
For the family of the person who died, a civil claim can be brought regardless of whether anyone is prosecuted. We have separate guidance for families after a fatal road accident.
“The criminal case asks how the driver drove. The civil claim asks what the loss was worth. They run on separate tracks and can reach different answers.”
How is the accident investigated?
Police build the picture from CCTV and dashcam footage, witness accounts, vehicle data, tyre and debris marks, and formal reconstruction reports. Weather, lighting and road layout all feed in.
Initial findings can come within days. Full investigations, particularly fatal ones, commonly take several months, and complex cases longer. Nothing about a slow investigation implies guilt. Thoroughness is the point.
Will you have to pay compensation?
If the pedestrian claims and you are found liable, compensation is normally paid by your insurer, not by you personally. Your premium may rise, but a civil claim is not a fine.
Civil liability is decided on the balance of probabilities, a lower bar than the criminal standard. So a driver can be acquitted of any offence and still be found civilly liable, or face no claim despite a conviction. If a driver is uninsured or untraced, the Motor Insurers’ Bureau steps in for the injured person.
Can the pedestrian be at fault?
Definition
Contributory negligence
A reduction in compensation reflecting the injured person’s own share of responsibility for the accident.
Yes, wholly or partly. Courts routinely apportion responsibility. A pedestrian who stepped out from between parked cars, crossed against a red figure, or was looking at a phone may be found contributorily negligent, which reduces any compensation by their share of the blame. Drivers are still held to a high standard around pedestrians, particularly children and older people, so shared fault is more common than complete pedestrian fault.
If you were the pedestrian who was hit
Much of this page deals with the driver’s position, but if you are the person who was injured, the process looks different from your side. You may be able to claim compensation whether or not the driver is prosecuted, and a criminal conviction is not required for a civil claim to succeed.
Our guide to how pedestrian injury claims work explains eligibility, time limits and what a claim involves. If you were hurt in any road collision, there is broader support after a road traffic accident too.
Both records matter. The accident book entry is often the first piece of evidence you can obtain, and you are entitled to a copy. Always request one in writing. If your employer refuses, note that refusal and let your solicitor know.
Summary
The legal consequences of hitting a pedestrian turn on two separate questions. The criminal question is whether your driving fell below the required standard, and the answer decides whether you face anything from a fine to imprisonment.
The civil question is whether the pedestrian suffered loss you are liable for, and that claim is normally met by your insurer whatever happens in the criminal case.
Key takeaways
- Stopping and reporting are legal duties. Leaving the scene is an offence even if the collision was not your fault
- Charges depend on the standard of driving. Careful driving that could not avoid the collision is not a crime
- Fatal cases involve police investigation, a coroner’s inquest and a CPS charging decision, usually over months
- Civil compensation is separate from criminal charges and is normally met by the driver’s insurer
- Injured pedestrians may be able to claim whether or not the driver is prosecuted
Sources & References
- Department for Transport, Reported road casualties in Great Britain: pedestrian factsheet 2024 (GOV.UK, 25 September 2025).
- Road Traffic Act 1988, sections 1, 1A, 2, 2B, 2C, 3 and 170.
- Police, Crime, Sentencing and Courts Act 2022.
- Sentencing Council, motoring offence sentencing guidelines.
- Motor Insurers’ Bureau, uninsured and untraced driver schemes.
Frequently Asked Questions
What if the accident was not my fault?
Can I be sued after a fatal pedestrian accident?
How long does the legal process take?
Will I lose my licence?
Possibly. Careless driving carries three to nine penalty points and discretionary disqualification. Dangerous driving and the causing-death offences carry mandatory disqualification and an extended retest. If no offence is proved, your licence is unaffected.
Does my insurance cover compensation to the pedestrian?
Yes, in almost all cases. Compulsory motor insurance exists precisely to meet third-party injury claims. You must tell your insurer about the accident promptly, as late notification can cause problems with cover.It can. A RIDDOR report is an official regulatory record that is difficult for an insurer to dispute. It creates a contemporaneous acknowledgment that a serious incident occurred. However, it does not establish fault or guarantee compensation. Many successful personal injury claims are brought without a RIDDOR report — the key evidence is your medical records, accident book entry, witness statements, and photographs.
