Pedestrian accidents are a common yet tragic occurrence in New South Wales (NSW). If you or a loved one has been a pedestrian hit by a car while walking or cycling, you may be wondering what your rights are and how to pursue compensation for your injuries.
Here we’ll guide you through the steps to take after an accident, the compensation available, and the support you can receive from Withstand Lawyers.
Pedestrian Accident Statistics
According to Transport NSW, each year more than 50 pedestrians are killed and more than 1000 pedestrians are hospitalised as a result of car accidents on NSW roads. Pedestrian accidents often result in severe injuries such as broken bones, head trauma, spinal injuries, and in some tragic cases, fatalities.
If you or a loved one has suffered injuries as a pedestrian hit by a car, financial compensation can go a long way in assisting your road to recovery.
Why Pedestrian Accidents Happen
Pedestrian accidents can occur for many reasons, but common causes include:
Speeding, distracted driving, or driving under the influence are frequent factors.
Nighttime or low-light conditions increase the risk of pedestrian accidents
Drivers may not stop to pedestrians at crossings or intersections
Poorly maintained roads, lack of pedestrian infrastructure, or unclear signage can contribute to accidents
Whatever the cause, it is important to know that pedestrian accident victims in NSW are often entitled to compensation regardless of the circumstances. The NSW CTP motor accident compensation scheme is designed to protect all road users, including pedestrians, whether or not fault is easily established.
By seeking professional legal advice, you can ensure that your claim is handled effectively, allowing you to focus on recovery while your rights are fully protected.
The team at Withstand Lawyers are ready to guide you through the claims process:
- No Upfront Costs
- No Win No Fee
- 99% Success Rate
- Maximum Lump Sum Payout
What to Do After Being Hit by a Car
If you are a pedestrian involved in an accident, it is crucial to act quickly to protect your legal rights and ensure your well-being:
Seek medical attention
Even if you feel fine or your injuries seem minor at first, it is essential to seek immediate medical attention. Some injuries, such as concussions, internal bleeding, or soft tissue damage, may not show symptoms right away but can worsen over time if untreated.
A medical assessment not only ensures your health is prioritised but also provides a medical record of your injuries, which will be important when making a compensation claim. Make sure to follow up with your healthcare provider as needed and keep all medical records, treatment plans, and bills as evidence for your case.
Report the accident
It is important that you report the accident to the police as soon as possible. Not only is this necessary for legal purposes, but a police report can serve as key evidence when claiming compensation. The police will investigate the accident, document the scene, and gather statements from both you and the driver involved, as well as any witnesses.
Make sure you obtain the police report number and the officer’s contact details for future reference. Even if the driver claims the accident is minor or suggests resolving the issue without involving authorities, it is in your best interest to officially document the event.
Gather evidence
The more evidence you collect at the scene of the accident, the stronger your compensation claim will be. Evidence can help establish the circumstances of the accident and who was at fault. Here’s what you should gather:
- Photos: Take pictures of the accident scene, including the vehicle involved, any visible injuries, traffic signs, road conditions, and any damage to property. Photos taken immediately after the accident will show the conditions at the time and help recreate the event later.
- Witnesses: If there are any witnesses, ask for their contact details and a brief statement of what they saw. Their accounts can be crucial if the driver disputes what happened.
- Traffic Conditions: Any contributing factors, such as speed limits, whether the driver ran a red light, or if there was a lack of pedestrian crossing signage. Details like road and weather conditions can also be important.
The evidence you collect will help your lawyer build a strong case, so it’s essential to act quickly and document as much as possible.
Seek legal advice
Consulting with a lawyer who specialises in pedestrian accidents is one of the most important steps you can take to protect your rights. A lawyer will guide you through the complexities of filing a claim, help you understand what compensation you may be entitled to, and ensure that deadlines are met.
An experienced lawyer will:
- Advise you on whether you are eligible to make a claim under NSW’s CTP scheme.
- Assist you in gathering additional evidence, such as traffic camera footage or expert witness evidence.
- Handle all communication with insurance companies to ensure you are not pressured into accepting a lower settlement than you deserve.
- Represent your interests in settlement negotiations, Tribunal or Court proceedings, if necessary.
At Withstand Lawyers, we have a team of lawyers who are familiar with pedestrian accident claims and can provide tailored advice to your situation. Reaching out for legal assistance early in the process can make a significant difference in the outcome of your case.
Compensation for Pedestrian Accident Victims
If you are hit by a car as a pedestrian, you may be eligible for various forms of compensation under the NSW CTP motor accident compensation scheme. Compensation may be available to cover:
Hospital bills, surgeries, rehabilitation, and ongoing treatment.
If you are unable to work due to injuries, you can be compensated for lost wages and future earning potential.
Compensation may also be available for the psychological impact of the accident
If long-term care or home adjustments are required to manage everyday life activities due to severe injuries.
The Pedestrian Accident Claims Process
When a pedestrian is hit by a car in New South Wales, the claims process can seem complex, but it’s designed to ensure that victims receive the compensation they deserve. The process involves multiple steps that help determine the extent of injuries and financial losses while establishing liability. Understanding each stage of the claims process will help you navigate it with confidence:
Notify the Insurer
The first step in lodging a pedestrian accident claim is to notify the CTP insurer of the driver involved in the accident. If the at-fault driver’s insurance details are unavailable (for instance, in a hit-and-run scenario), you may still be able to lodge a claim through the Nominal Defendant, a scheme in NSW that steps in when the at-fault driver is uninsured or unidentified.
It is important to notify the insurer as soon as possible—preferably within 28 days of the accident. This is crucial because, while the maximum deadline for lodging a claim is three months, notifying the insurer within the 28-day window ensures that you can access early compensation for medical expenses and lost wages while your claim is being processed.
When notifying the insurer, you will need to provide key details, including:
- The driver’s CTP insurance information (if available)
- The police report or event number
- Evidence of your injuries and treatment
Missing this step or delaying notification can make the claims process more difficult, so it is essential to act promptly.
Medical Assessment
Once your claim is lodged, a medical assessment will be carried out to determine the extent of your injuries and the type of compensation you are entitled to. This is a crucial stage, as the compensation amount will largely depend on the severity of your injuries and how they impact your life, including your ability to work.
The medical assessment typically involves:
- Medical reports from your healthcare providers: These will include diagnoses, treatments, and prognoses for your recovery.
- Independent medical examination: The insurer may request that you undergo an independent medical examination to confirm the severity and nature of your injuries. This is standard practice in most personal injury claims.
The outcome of these assessments will help calculate the compensation you are entitled to, covering costs like medical expenses, rehabilitation, and loss of income. If your injuries result in long-term or permanent disability, the assessment may also include compensation for future care needs and home modifications.
Court or Settlement
Once the medical assessments are completed and evidence is gathered, the insurer may offer a settlement to resolve the claim. A settlement is an agreement between the parties that compensates you for your injuries without the need to go to court. In many cases, this can be a faster and less stressful resolution.
However, it’s essential not to rush into accepting a settlement offer. Sometimes, initial offers may not fully reflect the long-term impact of your injuries or adequately cover all your financial losses. Before accepting any settlement, it’s wise to consult with your lawyer to ensure that the offer is fair and meets your needs.
If negotiations fail or the insurer disputes your claim, the matter may need to go to court for resolution. This can be a longer process, but it allows for a more thorough review of your case. In court, both sides will present their evidence, and a judge will decide the outcome based on the facts of the case.
Although going to court can feel intimidating, it is sometimes necessary to ensure that you receive the full compensation you deserve. With the support of an experienced personal injury lawyer, your case can be presented effectively, maximizing your chances of success.
How We Secured a $1.5 Million Settlement for an Injured Pedestrian
At Withstand Lawyers, we’re committed to fighting for the best outcomes for our clients, even in tough cases. Recently, we won a $1.5 million settlement for a pedestrian who was injured in a road accident. Although the insurance company tried to shift blame onto our client, we built a strong case that resulted in a substantial victory.
The Incident
Our client, a 38-year-old man, was crossing a busy road when he was hit by a car. Importantly, he wasn’t on a marked pedestrian crossing, which became a central issue in the case. The impact left him with severe injuries that required months of treatment and recovery.
Challenges Faced
The insurance company quickly claimed contributory negligence, arguing that our client was partly responsible since he wasn’t crossing at a designated spot. This could have significantly reduced his compensation. They also downplayed the extent of his injuries, trying to push for a lower settlement.
How We Built the Case
We knew we had to act fast and build a solid case. Here’s what we did:
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Expert Testimony from a Traffic Engineer: We brought in a traffic engineer who demonstrated that the driver had a clear line of sight and should have been more cautious, even though our client wasn’t in a crosswalk. This showed that the driver was mainly at fault.
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Medical Evidence: We worked closely with doctors to document the full extent of our client’s injuries and ongoing needs for treatment, helping to push back on the insurer’s attempts to minimize the claim.
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Lost Wages: We gathered evidence to show the impact the accident had on our client’s ability to work, including both past and future income loss.
The $1.5 Million Settlement
Armed with solid evidence, we entered tough negotiations with the insurance company. Ultimately, we secured a $1.5 million settlement for our client. This covered:
- All medical costs, including future treatment
- Compensation for lost wages, both past and future
- Pain and suffering due to the accident
This outcome gave our client peace of mind, knowing that his financial future was secure and allowing him to focus entirely on his recovery.
How Withstand Lawyers Can Help
At Withstand Lawyers, we understand how overwhelming it can be to recover from an accident while dealing with the complexities of legal processes. Our team of experienced personal injury lawyers can:
- Provide clear legal advice.
- Help you gather necessary evidence and documentation.
- Guide and act on your behalf through the entire claims process, from lodging your claim to representing you.
FAQ
Yes, even if you were partially at fault, you may still be eligible for compensation under NSW’s motor accident laws. The amount of compensation may be reduced depending on the degree of your responsibility.
You should lodge a claim within 28 days of the accident. The final deadline for claims is generally three years, but early notification is important for a smooth claims process.
Yes, even if the driver responsible for the accident was uninsured, you may still be able to claim compensation through the Nominal Defendant scheme in NSW.
Yes, if you suffer injuries from a pedestrian accident that leave you totally and permanently disabled (TPD) and unable to work, you may be eligible to make a TPD claim.
TPD claims are typically made through your superannuation fund, and they are separate from your motor vehicle accident claim.
Reach our No Win No Fee lawyers
Our experienced personal injury lawyers specialise in motor vehicle accident claims, with a focus on ensuring you receive the best possible advice.
We are committed to explaining the law, your entitlements, and the claims process in clear, simple terms so you can feel confident every step of the way. Rest assured, your pedestrian claim will be handled with care by our friendly and professional team.
Plus, with our No Win, No Fee policy, you only pay if your claim is successful. Contact us today at 1800 952 898 or complete our online form to get your claim underway
Issa Rabaya
• Bachelor of Laws
• Graduate Diploma in Legal Practice
• Approved Legal Service Provider to the Independent Review Office
• Member of the Law Society
