March 1, 2016 by Clewett
Pedestrians and Injury Compensation
Pedestrians have Right of Way
Pedestrian accidents account for between 15 and 20% of all road deaths in Australia. Over 80% of the pedestrians injured or killed are hit while crossing the road. The remainder are struck while playing, standing, working or lying on the road, walking along the road, standing on the footpath or median or are hit whilst in a driveway.
The Courts impose a very high duty of care on motor vehicle drivers. For motor vehicle accidents involving a pedestrian, fault is typically placed with the driver. If you have been injured in an accident as a pedestrian on our roads, the Court will often find that a driver who strikes a pedestrian has breached their duty of care to that pedestrian.
Pedestrian Accidents involving Stationary Vehicles
The duty of care imposed on drivers also extends to those vehicles that are stationary on the side of the road, such as when a vehicle has broken down on the side of the road, or a person is changing their tyre on the side of the highway.
Pedestrian Accidents in Car Parks
The standard road laws also apply in car parks, even if the car park is on private property and managed by the owner or the operator of the retailer/business.
Pedestrians Crossing the Road
Is not only at pedestrian crossings and traffic lights that the pedestrian has right of way. Any intersection where there is pedestrian “ramp” down to the roadway is a pedestrian access point where, provided the pedestrian has indicated an intention to cross the road, the pedestrian has right of way.
Pedestrians not crossing at a designated Pedestrian Crossing
Road traffic accidents involving pedestrians are more complicated if the pedestrian has not crossed at a designated pedestrian crossing. In these cases, the chance of claiming compensation would depend on who is at fault for the accident. If the pedestrian that has stepped out into the road without looking and has been immediately hit by a car or other vehicle, they may still be able to seek compensation.
Hit and Run Accidents
Victims that are injured in hit and run accident, or hit by a stolen vehicle or an uninsured driver, can make a pedestrian compensation claim through a government organisation.
Pedestrian Injured, but not hit, by a Vehicle
For pedestrians that are injured while trying to get out of the way of a dangerously or carelessly driven vehicle, they may still be entitled to make a pedestrian compensation claim, even if the vehicle did not hit them.
Pedestrian not Sober
Pedestrians may not always be sober. However, in these cases, the driver may still be found liable. The courts generally take the view that drivers are expected to take all these factors into account and show a duty of care to the pedestrian,
What to do if you have been injured by a Vehicle?
Whether you were simply crossing the road, or attending to your broken down vehicle on the side of the road, the driver of a motor vehicle owed you a duty of care. If a driver fails in this duty and causes a pedestrian injury, the pedestrian has the right to bring a claim for negligence against the driver of the vehicle for the personal injury they have suffered. If an accident happens, wherever possible keep a record and take photographs; take the names and home addresses of witnesses; keep evidence of doctors visited and treatments, and keep receipts for any injury related expenses.
Always seek prompt specialist advice from an Injury Compensation Lawyer, to understand if you have a viable claim. Request a no-obligation, FREE Consultation with an accredited specialist in Injury Compensation:
For all compensation claims, our personal injury lawyers offer a free initial consultation to review your case and give you the opportunity to explore your legal options. Should we agree to proceed, we provide injury compensation services on a no-win no-fee basis. Once you contact us, we will take your statement and give you our initial professional assessment about your claim. We will then begin our investigation into the negligence which caused your injury. We will need to obtain all medical records and certificates from your doctors, and possibly seek a second or third medical opinion.