Pedestrian Accident Compensation Claims

Pedestrian Accident Compensation Claims in Perth, WA

Injuries that occur as a pedestrian could be more severe as they are more vulnerable than being in a motor vehicle at the time of the accident.

Injuries such as broken bones, cuts on the body, neck injuries, head injuries, internal injuries, leg injuries and back injuries are the usual injuries in accidents involving pedestrians. Pedestrians don’t only suffer from physical injuries mentioned above but also psychological injuries.

What compensation can be claimed for pedestrian injuries?

The party not at fault, in these circumstances pedestrians are entitled to compensation to take into account their past and future losses and to protect their future. The compensation that can be claimed is medical expenses, economic loss, pain, and suffering and domestic care.

hospital expenses
travel expenses
all medical aid received
ambulance transport
nursing services
equipment
dental services
rehabilitation and therapy services
expenses for domestic help
medication
costs of auxiliary equipment (such as prostheses)

How can I claim motor vehicle compensation as a pedestrian?

To initiate a motor vehicle compensation claim, you are required to report the accident to the WA police and file an online crash report.

After the report is submitted, the ICWA will write to you informing you of its decision on whether it will accept or deny liability. If the accident was mostly your fault, then the ICWA will most likely deny your claim. If the accident was not mostly your fault or not at all the ICWA will most likely accept your claim. Regardless, we recommend you contact our lawyers as we will inform you whether or not we agree with the decision. If ICWA accepts liability then you will be able to use that claim number to cover the reasonable and necessary medical expenses associated with your treatment such as physiotherapy, psychological counselling, surgery, travel and medical expenses. You should then send the ICWA a Notice of Intention to Claim as soon as practicable as it is a legal requirement when claiming compensation otherwise you may lose your right to claim compensation if you do not send the ICWA a Notice of Intention to Claim. You then should obtain medical reports from your treating doctors asking their opinions about your injuries and the extent they will have on your ability to work; perform domestic duties and what treatment the injuries will require. You should also obtain evidence to support your claim for loss of income/opportunity, treatment expenses, domestic care and pain and suffering. The evidence could be from medical reports, job applications, job contracts, witness statements and all third-party documents in support of your claim. Our lawyers are able to do this on your behalf.

How much time does it take?

The resolution of compensation claims for pedestrian injuries is usually through negotiation. If an agreement cannot be reached, there is a need to commence court proceedings ensuring proceedings are commenced within 3 years if the matter is not resolved prior to then as that is the time limit.

Can anyone other than the victim of the accident makes a motor vehicle accident compensation claim?

There are situations in which someone other than the accident victim can make a claim on behalf of the victim.

Examples of these are:

If the accident victim is a child,
If the injured person is too seriously injured to be able to defend their entitlements (e.g., concussion and brain damage),
If the person dies in the accident.

In these and similar claims, compensation may be requested by others other than the victim.

Is there a time limit for motor vehicle accident claims involving pedestrians?

Yes. Time limits do apply, depending on your age and situation. If you are an adult, you have 3 years from the date of the accident.

These times may differ for children. To assess your situation fully and accurately, it is necessary to evaluate all the conditions together by contacting our lawyers.

Are there any conditions required to claim motor vehicle compensation?

For a pedestrian claim to be valid, it usually:

The accident must have caused injury or any loss.
The party claiming compensation must not have been mostly or wholly at fault in the accident.

Can I still receive compensation if I am partly at fault in the motor vehicle accident?

Yes. If you are partially at fault in the accident, you are still eligible for compensation, however the amount of compensation you receive would be reduced in proportion to the negligence.

Examples of situations that are partially referred to as fault are listed below:

Walking from one road to another that is not on a pedestrian crossing;
Walking on a pedestrian crossing and not taking care

Do I have to use a lawyer for my pedestrian accident injury compensation claim?

No, you do not need to use a lawyer to make a pedestrian accident injury claim.

However, we recommend scheduling a free initial consultation with one of our pedestrian accident injury compensation lawyers to make sure you understand your compensation entitlements and how to pursue them. That way you will have enough information to know what decision is best for you and the best way forward, including whether or not use a lawyer. Our lawyers will assist you with your claim because we know what you are entitled to, the time limits to claim those entitlements and what preparation, process, and evidence we will need to support your compensation claim.

Issa Rabaya

• Bachelor of Laws
• Graduate Diploma in Legal Practice
• Approved Legal Service Provider to the Independent Review Office
• Member of the Law Society

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