Pedestrian Compensation Guide in Traffic Accidents

Pedestrian in Traffic Accident — Legal Rights and Obligations

A pedestrian injured in a traffic accident is in a strong legal position, as the law protects the most vulnerable road users. In Israel, an injured pedestrian is entitled to compensation for bodily injuries, loss of income, medical expenses, and additional suffering — both from national insurance and from the driver's insurance, depending on the circumstances of the accident. A pedestrian's claim in a traffic accident is typically simpler than other claims, as the driver's liability is often clear.

As attorneys specializing in tort law since 2008, we have represented hundreds of accident victims, including pedestrians. We understand the complexities of these claims and place the injured party at the center of the process. On this page, we will guide you through every step of the pedestrian compensation process in a traffic accident — from the reporting obligation to obtaining a judgment or settlement.

Who is Considered a Pedestrian and What is the Legal Definition?

A pedestrian, in legal terms, is any person who exits a vehicle or is on the road without a vehicle, including cyclists (when dismounted) and electric scooters under certain conditions. In the eyes of the law, a pedestrian is a vulnerable road user, and therefore there is a strict legal obligation on the driver to avoid causing injury to them. If a driver injures a pedestrian, the driver may be liable even if the pedestrian themselves was somewhat negligent — this depends on the assessment of the degree of negligence of each party.

What Compensation is a Pedestrian Entitled to in a Traffic Accident?

Pedestrian compensation in a traffic accident includes several components:

• Bodily Injuries: Pain and suffering, surgeries, rehabilitation and physiotherapy, temporary and permanent loss of earning capacity, disability, future medical costs, and ongoing treatments.
• Medical Expenses: Examinations, imaging tests, hospitalization, treatments, medications, and medical equipment.
• Loss of Income: Income lost during the recovery period and any income lost due to permanent disability.
• Additional Expenses: Medical transportation, alternative treatments (under certain conditions), vocational rehabilitation, disability care costs, and any other expenses directly caused by the accident.
• Pain and Hardship: Compensation for suffering, difficulties in daily life, impact on quality of life, and future activities.

What is the Role of the Disability Assessment Committee in a Pedestrian Claim?

The Disability Assessment Committee (Medical Committee) is the authorized body for assessing the degree of permanent disability of the injured party. This assessment directly affects the compensation amount. The committee examines the injured party's medical condition, functioning, possible complications, and recovery potential. If you disagree with the committee's assessment, you can appeal to the court. In our experience, medical assessments by committees can be conservative, and independent medical opinions often significantly increase compensation.

Pedestrian Accident Claim Process — Step by Step

Step One: Reporting the Accident

Immediately after the accident, you must report it to the police if there is any bodily injury. The police will create an accident report that will be essential for proving the facts. If the pedestrian is admitted to a hospital, the medical report will serve as strong evidence of the severity of the injury. Additionally, you should collect details of witnesses who saw the accident — this provides significant strength to the claim.

Step Two: Evidence Collection and Medical Documentation

Following the accident, the injured party should undergo a comprehensive medical examination and retain all medical documentation: examination reports, photographs of injuries, medication lists, treatment receipts, and any document related to recovery. Furthermore, you should document the impact on daily life — photographs of the injury at an early stage, a pain diary, and testimony from family members regarding difficulties in performing daily activities.

Step Three: Filing a Claim with National Insurance

National Insurance covers part of the victim's damages as part of the National Insurance Law. A claim with National Insurance is filed directly with the National Insurance institution, and this includes receiving sick benefits, loss of work capacity benefits, disability benefits, and medical reimbursements. Often, National Insurance reimburses this claim as part of the victim's overall demand.

Step Four: Claim Against the Driver's Insurance (Tort Claim)

This is the main claim of the pedestrian. The claim is filed against the vehicle insurance that caused injury to the pedestrian. In this claim, you must prove the driver's liability and the extent of the damage. If the driver is uninsured, you can file a claim against the state's insurance fund (Fund for Motor Accident Victims). The claim includes all damages not covered by National Insurance and any additional expenses incurred.

Step Five: Disability Assessment and Compensation Amount Determination

After the injured party has reached medical improvement or maximum treatment level, a request for disability assessment is submitted to a medical committee. The committee will determine the percentage of disability, which will serve as the basis for calculating compensation. If the injured party disagrees with the assessment, they can appeal to the court with an independent medical opinion.

Step Six: Negotiation or Legal Proceedings

Following the determination of disability, the injured party's attorney negotiates with the driver's insurance regarding the compensation amount. In most cases, a settlement is reached in this process. If no settlement is reached, the case proceeds to legal proceedings in court, where the court will determine the final compensation amount.

Calculating Pedestrian Compensation in Traffic Accidents — Scenario Table

The amount of compensation for a pedestrian in a traffic accident depends on several factors: severity of injury, disability percentage, age of the injured party, income, medical condition, and degree of suffering. Below is a table presenting typical compensation ranges in various scenarios:

Important Note: This table presents general ranges only. Each case is examined individually according to specific circumstances: age of the injured party, income, medical condition, degree of suffering, and any other relevant factor. These amounts include compensation from National Insurance and driver's insurance combined. In some cases, the amount may be higher or lower depending on the circumstances.

How is compensation calculated in practice?

Calculating pedestrian compensation in traffic accidents is based on a legal formula that considers several variables:

• Compensation Base: The basic compensation is determined according to the disability percentage and an official pricing schedule of the Supreme Court. This schedule is updated annually and reflects changes in treatment and living costs.
• Multiplication by Personal Factors: The basic compensation is multiplied by factors such as the injured party's age, income, family status, suffering, and impact on quality of life.
• Special Expenses: Actual medical expenses, rehabilitation costs, future treatment expenses, and loss of income are calculated separately and added to the basic compensation.
• Deduction from National Insurance: The amount received by the injured party from National Insurance is deducted from the final compensation (to prevent double compensation).

Pedestrian Rights in Traffic Accidents — National Insurance and Driver's Insurance

Pedestrian Rights Against National Insurance

National Insurance covers any person injured in a traffic accident, regardless of liability. Rights include:

• Sick Leave Allowances: A monthly allowance during periods of inability to work.
• Disability Allowances: A monthly allowance if permanent disability is determined.
• Medical Rehabilitation: Coverage of medical treatments, medications, medical equipment, and ongoing treatment.
• Survivor Benefits: If the injured person dies, the family is entitled to allowances.

National Insurance also covers the costs of medical examinations, imaging tests, and medical rehabilitation required for recovery. However, National Insurance does not cover compensation for pain and suffering, loss of income beyond a certain amount, or compensation for diminished quality of life.

Pedestrian Rights Against Driver's Insurance (Tort Claim)

A pedestrian injured in a traffic accident is entitled to file a claim against the insurance of the vehicle that struck them. This claim includes all damages not covered by National Insurance:

• Compensation for Pain and Suffering: Compensation for pain, emotional distress, and difficulty performing daily activities.
• Loss of Income Beyond National Insurance Coverage: If the injured person lost income not covered by National Insurance.
• Future Medical Expenses: Treatment that will be required in the future.
• Compensation for Permanent Work Disability: If the injured person cannot return to their previous employment.
• Compensation for Diminished Quality of Life: General compensation for the impact on quality of life, family relationships, and future activities.

What Happens If the Driver Is Uninsured?

If the driver who caused the accident was not insured with vehicle insurance, the pedestrian can file a claim against the state insurance fund (Road Accident Victims Fund). This fund covers accidents where the driver is uninsured or cannot be located. A claim against the state fund is conducted similarly to a claim against driver's insurance, but there are differences in the process and maximum amounts.

Can a Pedestrian File a Claim If They Were Negligent?

Yes. Under Israeli traffic accident law, a pedestrian can file a claim even if they were somewhat negligent. If the pedestrian was negligent, this may result in a reduction of compensation proportional to the degree of negligence, but does not completely deny the right to file a claim. Generally, the driver bears greater responsibility than the pedestrian, as the driver controls a heavy and dangerous vehicle.

Why Hire Mendelbum, Gor, and Witzman-Gor Law Firm for a Pedestrian Injury Claim?

Pedestrian compensation claims in traffic accidents require deep legal knowledge, experience in dealing with insurance companies, and strong connections with courts and medical committees. Mendelbum, Gor, and Witzman-Gor Law Firm has specialized in tort law since 2008 and has represented hundreds of accident victims, including pedestrians. Here's why you should choose us:

Deep Experience in Tort Law

More than 18 years of experience representing claimants exclusively in the field of tort law. We understand the complexities of these claims, the tactics of insurance companies, and the ways to achieve maximum compensation for the injured party.

Representation of Claimants Only

Unlike some law firms, we represent claimants only — not drivers, not insurance companies. This means we work solely for the interests of the injured party, without any conflict of interest.

Personal and Dedicated Service

Each client receives personal and dedicated attention. We understand that an accident is a traumatic experience, and we are here to support you at every stage of the process — from evidence gathering to achieving final compensation.

Free Initial Consultation

We offer a free initial consultation, during which we can assess your case, explain your rights, and plan the litigation strategy.

Strong Connections with Courts and Medical Committees

Strong connections with courts, disability assessment committees, insurance companies, and expert physicians enable us to move the case forward efficiently and effectively.

Located in Ramat Gan and Petach Tikva

Our office is located in Ramat Gan at Donesh Street 1 and in Petach Tikva at Yoni Netanyahu Street 8, making us accessible to injured parties throughout the central region and surrounding areas.