Pedestrians involved in a Motor Vehicle Accident can make a personal injury claim

Jonathan Coyle
Tony Chow

As we go about our daily lives, we don’t usually think that crossing the road is an inherently dangerous activity. Most streets do not have a system in place to assist you to cross the road safely. And even when there is a system of lights, pedestrian crossings or barriers, accidents inevitably still happen.

If you happen to be a pedestrian involved in a motor vehicle accident, here’s what you should do:

Exchange Details

If you are physically capable obtain the following details from the driver of the vehicle:

  • Names, addresses and phone numbers
  • Insurance details
  • Details of the vehicle, such as the make, model, colour and license plate number
  • Take record of the time and location of the accident
  • Details of any witnesses to the accident
  • Take as many photos as possible of the vehicle and your injuries.

If you are not physically able to obtain these details, ask someone to contact the police. They will ensure that the necessary information will be collected.

If the police are not called to the scene, it is important to report the incident to the police, preferably within 28 days, and take note of the Event Number.

Even if you have very minor injuries, it’s important to see a doctor to get a full medical assessment. This is due to the fact that some injuries can worsen over time, and if this were the case, you may need to take time off work as a result.

If you’ve been seriously injured and have been taken to a hospital, chances are, the police would’ve been at the scene. The Police usually will be able to provide you with an incident report that details what you need, along with the event number.

You can then lodge a claim with the insurer, but this needs to be done within three months of the accident.

Who is at fault

In many cases where a pedestrian has been hit by a car, the driver is at fault. This is because motor vehicle driver’s have an overriding duty to keep a proper look out and drive safely in accordance with the road conditions.

However, there are instances where the pedestrian may have contributed to the accident, which is referred to as ‘contributory negligence’. This may occur when crossing the road illegally, using their phone and stepping onto the road unexpectedly, or when intoxicated and carelessly crossing the road, for instance.

If there is a finding of contributory negligence, you can still claim pedestrian accident compensation, however, it would result in a reduction in the damages you receive.

What if it was a hit & run

The NSW CTP scheme allows for pedestrians who are injured in a hit & run accident to apply for compensation from the ‘Nominal Defendant’. The nominal defendant is an insurer appointed on behalf of the scheme to manage the claim. This occurs when the driver or vehicle can’t be identified.

The scheme covers things like the cost of hospital and treatment fees, economic loss, rehabilitation services, and pain and suffering afflictions.

Regardless of what kind of pedestrian accident you’ve been involved in, Longton Compensation Lawyers offers:

  • A free case assessment.
  • A no-win/no-fee policy, meaning if we don’t win your case, you don’t need to pay us.
  • The best experts for your case, including medical practitioners and rehabilitation experts who can prove liability

So, if you think you may have a claim, get in touch with us today.

*Disclaimer: This is intended as general information only and not to be construed as legal advice. The above information is subject to changes over time. You should always seek professional advice beforetaking any course of action.*

Key Contact

Jonathan Coyle
Founding Partner
Tony Chow
Partner

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Another successful medical negligence claim for a couple
Another successful medical negligence claim for a couple