It is often assumed that in most of the pedestrian accidents, the pedestrians were at fault. However if proper facts are checked, then one can find that the reason for most of such accidents may be attributed to the negligent act of any driver. Some of the common causes of pedestrian injuries include drunk driving, aggressive driving, faulty functioning of traffic signals and violation of safety rules while driving. Pedestrian Injury normally includes broken bones and tears, back injuries, head injuries, loss of limbs and other catastrophic injuries resulting in death.

Pedestrian’s Right to Claim Compensation

If you are a victim of a pedestrian accident, you have a right to claim compensation. It is important for you to keep all your medical reports intact for the purpose of claiming compensation. However in order to make a compensation claim you need to establish negligence of another party. In absence of this criterion, you may not be in a position to claim compensation.

You can claim compensation under any of the following heads:

Common Law Claim: If the injury has caused you permanent impairment, then you may be entitled to Common Law Claim including previous and impending medical expenses, financial loss, out of pocket expenses and compensation for pain and suffering; or

Journey Claim: When you have sustained an injury caused by an accident on your way to or from work or during working hours, you may be entitled to make a Journey Claim. You can make such a claim through your employer’s insurance company. Compensation under Journey claim normally covers for your economic losses, medicals expenses and also out of pocket expenses. However, this provision is applicable only in case of employed persons.

Depending upon the seriousness of your injury and the State where the accident took place, you will be entitled to a compensation that may include:

reimbursement of hospital, medical and rehabilitation expenses;

compensation for any past and future economic loss and impending medical expenses in relation to the injuries sustained by you;

payment of any lump sum amount in situations where the injury has resulted in permanent impairment;

payment of a lump sum amount for your pain and suffering; and

payment of legal costs in relation to the claim for compensation.

If the injury has resulted in death, then a close relative including a spouse or a de facto partner, brother, sister, half-brother, half-sister, parent or children of the deceased may make a compensation claim. In such a situation, the person making the claim will be entitled to receive death benefits and funeral expenses.

Limitation to Claim Compensation

You should claim for compensation within the time frame as specified by the law of your State or Territory. However prior to making such a claim, you should first report about the accident to the Police since your failure to do so can prevent you from making a claim for compensation. The claim must be lodged with the Compulsory Third Party (CTP) insurer within 9 months from your date of accident or within 1 month of retaining the services of a Solicitor. Legal proceedings should be commenced within a period of 3 years from the date of your accident.

Compensation Claim in New South Wales (NSW)

In NSW, your right to claim compensation for pedestrian injury is regulated by the Motor Accident Compensation Act 1999 (the Act). As per Section 109 of the Act, an application for compensation claim can be filed before a Court of competent jurisdiction within 3 years either from the:

date of the injury or accident; or

date of death of a person where the injury resulted in death.

Compensation can be claimed under the NSW Motor Accidents Scheme administered by the Motor Accidents Authority. Under the NSW’s compensation scheme, anyone injured in a motor vehicle accident within NSW can access the benefits of the scheme except where the accident has been caused due to negligence of both the parties.

The type of compensation may include:

Medical expenses including costs for travelling to and from treatment centres;

Costs for rehabilitation in case where an injured person needs an ongoing rehabilitation;

Loss of wages;

Loss of superannuation contributions;

Lump sum payment for pain and suffering of the injured person; and

Any special cost such as costs for home care, domestic assistance, equipment costs and other similar costs.

Agreements Limiting Liability for Injury
Catastrophic Injury
Claim For Common Law Damages
Fatal Car Accident
Taxi And Truck Drivers Accident Entitlements
Total And Permanent Disablement
Workers’ Compensation
– Workers Compensation Process and Legal Steps
– Steps To Make a WorkCover Claim

Public & Product Liability
Claims for Different Injuries – Brain & Head, Whiplash and Back Injury Compensation Claims
Motor Vehicle Accidents
Dust Disease, Mesothelioma & Asbestosis Claims

Drink Driving Penalties
Hit & Run Accident Compensation
Motor Vehicle Accident Compensation
Motorbike And Bicycle Accident
Professional Negligence Claims
Pedestrian Injury
Steps To Make A Personal Injury Claim
Medical Negligence Law
Recommended changes to the Workers Compensation Act
Personal Injury Questionnaire
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