Injured Pedestrian - Compensation Claims Australia
Legal Helpline: ☎ 1800 352 100
Consider the possible damage and devastation that can occur when a pedestrian is injured by a motor vehicle. The human body can suffer fatal or severe internal and external injuries due to direct impact with a vehicle, and further injuries if thrown to the ground or into the path of another vehicle as a result of the collision. The elderly and children are especially vulnerable.
Our pedestrian accident lawyers handle claims involving injuries to pedestrians on a No Win No fee basis. For free legal advice on accident compensation call our helpline.
Being struck by a car can cause:
- head injuries (for example if one's head hits the windscreen of the car, or if one's head is knocked to the ground);
- injuries to pelvis and abdomen;
- lower limb injuries (soft tissue damage, femoral fractures, tibial fractures, articular knee joint injuries, and damage to ligaments);
- rupture of internal organs and internal bleeding;
- spinal cord damage;
- psychological trauma, PTSD, depression and anxiety.
Pedestrians are also at higher risk for hit-and-run incidents, which can delay medical care and further worsen patient outcomes.
Can a pedestrian hit by car claim compensation?
Generally, yes. There are compulsory third party accident schemes across Australia which cover compensation claims where a pedestrian has been hit by a car. In Victoria, for example, the TAC Scheme covers pedestrians injured in accidents caused by the driving of a car, motorcycle, bus, train or tram.
Some States and Territories have "no-fault" compensation schemes, and some have "fault" based systems of compensation. Pedestrian accidents can be the result of driver fault or pedestrian fault, or a combination of both. Sometimes pedestrians contribute to the cause of the accident if for example, ignoring a red "don't walk" signal at an intersection; darting across a road without looking. If as a pedestrian, you fail to exercise reasonable care whilst using the road (eg you fail to look, were distracted by looking down at your mobile phone), and the accident was partially your fault, you may still be entitled to some compensation (a reduced amount) for your injuries.
Causes of Pedestrian Accidents
- Crossing a road without the right of way where there is legal crossing facilities nearby
- Crossing the road quickly in front of a vehicle
- Reckless speeding by drivers
- Drivers who do not slow down at pedestrian crossings
- Drivers under the influence of drugs or alcohol
- Walking alone when drunk
- Standing or walking closely behind reversing vehicles
- Walking on the road or crossing road with dark clothes at night or early in the morning
- Standing on the lane-divided line
- Standing very close to the exit of a tunnel or a parking lot
- Poor visbility and roadway lighting at night
- Vision impairment
- Decreased mobility of pedestrian
- Drivers who fail to observe road signage
- Distraction, for example, busy text messaging on mobiles.
Children pedestrian casualties peak in the morning and afternoon when children tend to be travelling to and from school. For adults, the casualty patterns tends to be highest in the middle of the day when walking levels are generally high, for example workers on their lunch breaks.
How much compensation can an injured pedestrian claim?
What you can be compensated for depends upon your injuries, disabilities, impairment, medical needs, income loss that is a direct result of the accident. Because road injury laws vary according to the State or Territory where the accident occurred, it is best to seek advice from an experienced lawyer about the particular circumstances of your case.
If you have been injured in a pedestrian accident, you may be entitled to personal injury compensation. Call our pedestrian accident lawyers to find out how to claim compensation on a No Win No Fee basis.
What compensation is payable for a pedestrian death?
In most States and Territories there are provisions for death benefits payable to the next of kin of a pedestrian killed in an accident in Australia.
Death benefits may include:
- funeral costs (burial/cremation)
- counselling services
- financial support for dependants (spouse, children) of the deceased.
Do not delay in making a claim as time limits do apply.