Pedestrian accidents can be stressful and distressing for everyone involved. They can also leave you with a number of car accident injuries, such as broken bones, head and back injuries, loss of limbs and other catastrophic injuries, even death.
If you or a loved one has been in a pedestrian accident, you may be entitled to claim compensation for your injuries. Keep reading to learn more about pedestrian injury compensation or speak to one of our personal injury lawyers.
Causes of pedestrian accidents
Some of the common causes of pedestrian accidents include:
- Drunk driving
- Aggressive driving
- Faulty functioning of traffic signals
- Violation of safety rules while driving
Pedestrian’s right to claim compensation
If you are a victim of a pedestrian accident, you have a right to claim compensation. However, to make a personal injury claim, you need to:
- Keep all your medical reports intact for the purpose of claiming compensation.
- Establish negligence of another party.
In absence of these criteria, you may not be in a position to claim compensation.
How to claim for pedestrian injury compensation (NSW)
In NSW, your right to claim compensation for a pedestrian accident is regulated by the Motor Accident Compensation Act 1999 (the Act). As per Section 109 of the Act, an application for a 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.
Depending upon the seriousness of your injury and the State where the accident took place, you will be entitled to 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.
- Loss of superannuation contributions
- Payment of any lump sum amount in situations where the injury has resulted in Total and Permanent Disablement.
- Payment of a lump sum amount for your pain and suffering.
- Any special cost such as costs for home care, domestic assistance, equipment costs and other similar costs.
- Payment of legal costs in relation to the claim for compensation.
Learn more: compensation payout amounts
Fatal pedestrian accidents
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. Speak to a fatal car accident lawyer at Owen Hodge to learn more.
Pedestrian accident claim time limit
Prior to making a personal injury claim, you should first report the accident to the police since failure to do so could prevent you from making a claim for compensation.
Following this, you must lodge your claim with your Compulsory Third Party (CTP) insurer within 9 months from your date of accident or within 1 month of retaining the services of a car accident lawyer. Legal proceedings should then be commenced within a period of 3 years from the date of the accident.
Learn more: personal injury claim time limits
If you’ve been struck by a motor vehicle, or have hit a pedestrian, speak to the injury lawyers at Owen Hodge. We can help you understand your rights to claim for pedestrian injury compensation as well as guide you through the process.
Call us on 1800 770 780 to organise an initial consultation.
Frequently asked questions
- Stop your car and ensure you/others are safe.
- Seek medical attention for anyone who has been injured.
- Exchange information with the other people involved in the accident, as well as any witnesses. This includes:
- Names (including the name of the car owner if it’s different to the driver)
- Vehicle registration
- Licence number of the driver
- Insurance details
- Notify the police
- Speak to a personal injury lawyer to understand your rights.
As a pedestrian hit by a car in NSW, there is a financial safety net to assist you should you need time off work or medical treatment for your injuries. With regards to property damages, the at-fault party is responsible for paying for these.
In pedestrian accidents, the fault is determined by the law of negligence. However, this can be complicated and it depends on a number of factors, so we highly recommend you contact a car accident lawyer for legal advice.