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.

How to best prepare for your claim

1. First things first, take care of your own health, so that all injuries are immediately assessed and treated.
2. Next, contact an experienced compensation lawyer so that they can file a claim on your behalf.
3. Get a Medical Assessment from your GP as soon as you can after the accident to have any injuries assessed. This assessment should also consider your ability or inability to return to work. Lost income is a potential component of your compensation claim.
4. Make a detailed account of the accident. Write it down as a permanent record with all relevant detail.

Do not contact the other party or the other party’s legal representation. Leave this to your lawyer.
Also, do not return to work until you are medically cleared by your doctor or appropriate specialist to avoid aggravating any injuries unnecessarily.

More information

For all personal injury 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.
Contact us on PH: 07 4639 0333 for more information, or to arrange a free consultation about your compensation claim.