Pedestrian accidents can be traumatic, life-altering events that result in significant physical, emotional, and financial hardships. In this article, we will discuss the circumstances under which an injured pedestrian may be eligible to claim compensation and the steps they should take to protect their legal rights.

Understanding Pedestrian Accidents

Pedestrian accidents occur when a person on foot is struck by a vehicle, such as a car, truck, or motorcycle. These accidents can happen in a variety of settings, including crosswalks, intersections, sidewalks, and parking lots. Common causes of pedestrian accidents include:

1. Driver negligence, such as distracted driving, speeding, or failing to yield to pedestrians
2. Impaired driving, including driving under the influence of alcohol or drugs
3. Reckless or aggressive driving
4. Failure to obey traffic signs or signals
5. Poor weather or visibility conditions
6. Pedestrian negligence, such as jaywalking or distracted walking

Regardless of the cause, pedestrian accidents can result in severe injuries, including broken bones, traumatic brain injuries, spinal cord damage, and even fatalities. The impact of these injuries can be far-reaching, affecting an individual's ability to work, perform daily activities, and maintain their quality of life.

Determining Liability in Pedestrian Accidents

To claim compensation for injuries sustained in a pedestrian accident, it is necessary to establish that another party, typically the driver of the vehicle, was at fault for the accident. In Queensland, the Motor Accident Insurance Act 1994 (MAIA) governs the compulsory third-party (CTP) insurance scheme, which provides compensation for individuals injured in motor vehicle accidents.

Under the MAIA, a pedestrian who has been injured by a motor vehicle may be entitled to claim compensation from the CTP insurer of the at-fault vehicle. To successfully claim compensation, the pedestrian must demonstrate that the driver of the vehicle was negligent in causing the accident. This may involve proving that the driver:

1. Failed to exercise reasonable care and skill while driving
2. Breached their duty of care to the pedestrian
3. Caused the pedestrian's injuries through their negligent actions

In some cases, liability for a pedestrian accident may be shared between the driver and the pedestrian. For example, if a pedestrian was jaywalking or crossing the road while distracted by their mobile phone, they may be found to have contributed to the accident. In such situations, the principle of contributory negligence may apply, reducing the amount of compensation the pedestrian is entitled to receive.

It is important to note that even if a pedestrian is found to have contributed to the accident, they may still be eligible to claim compensation for their injuries. The specific circumstances of each case will determine the apportionment of liability and the amount of compensation available.

Claiming Compensation for Pedestrian Accident Injuries

If you have been injured as a pedestrian in Queensland, you may be entitled to claim compensation for your losses and damages. The first step in the process is to report the accident to the police and seek medical attention for your injuries. It is crucial to keep detailed records of the accident, including the contact information of any witnesses, photographs of the scene, and copies of police reports and medical records.

Next, it is highly recommended that you consult with an experienced personal injury lawyer who can assess your case and advise you on your legal rights and options. At Lifestyle Injury Lawyers, we offer free initial consultations to help injured pedestrians understand their legal position and make informed decisions about pursuing a claim.

If you decide to proceed with a compensation claim, your lawyer will guide you through the process of submitting a Notice of Accident Claim Form (NOAC) to the CTP insurer of the at-fault vehicle. The NOAC must be lodged within nine months of the date of the accident. In some cases, an extension of time may be granted if there are reasonable grounds for the delay.

Once the NOAC is lodged, the CTP insurer will investigate the claim and determine liability for the accident. If liability is admitted, the insurer will assess the extent of your injuries and losses and make an offer of settlement. Your lawyer will negotiate with the insurer on your behalf to ensure that you receive fair and adequate compensation for your damages.

Compensation in pedestrian accident claims may cover a range of losses and expenses, including:

1. Medical and rehabilitation costs
2. Loss of income and future earning capacity
3. Pain and suffering
4. Permanent impairment or disability
5. Domestic assistance and care services
6. Out-of-pocket expenses, such as travel costs and medical equipment

If the CTP insurer denies liability for the accident or disputes the extent of your injuries and losses, your lawyer may recommend pursuing legal action through the courts. In such cases, it is essential to have strong legal representation to protect your rights and maximise your chances of a successful outcome.

Time Limits for Pedestrian Accident Claims

It is important to be aware of the time limits that apply to pedestrian accident claims in Queensland. As mentioned earlier, the NOAC must be lodged within nine months of the date of the accident. However, there are also time limits for commencing legal proceedings if the claim cannot be resolved through negotiation with the CTP insurer.

In most cases, legal proceedings must be commenced within three years of the date of the accident. If the injured pedestrian was under the age of 18 at the time of the accident, they have until their 21st birthday to commence legal proceedings.

Failing to lodge a claim or commence legal proceedings within the prescribed time limits may result in the loss of your right to claim compensation. Therefore, it is crucial to seek legal advice as soon as possible after a pedestrian accident to ensure that your rights are protected, and your claim is lodged within the appropriate timeframes.

The Role of a Personal Injury Lawyer

Engaging the services of an experienced personal injury lawyer can make a significant difference in the outcome of your pedestrian accident claim. At Lifestyle Injury Lawyers, we have a deep understanding of the complex legal and insurance issues involved in pedestrian accident claims and can provide you with the expert guidance and representation you need to achieve a successful result.

Our team of dedicated lawyers will:

1. Provide you with a free initial consultation to assess your case and explain your legal rights and options
2. Investigate the circumstances of the accident and gather evidence to support your claim
3. Arrange for you to be assessed by medical experts to determine the nature and extent of your injuries
4. Prepare and lodge your NOAC with the CTP insurer
5. Negotiate with the insurer on your behalf to secure a fair settlement
6. Represent you in court proceedings if necessary to protect your rights and interests

We understand that being involved in a pedestrian accident can be a stressful and overwhelming experience. Our goal is to take the burden of the legal process off your shoulders, allowing you to focus on your recovery and rebuilding your life.

Conclusion

If you have been injured as a pedestrian in Queensland, you may be entitled to claim compensation for your losses and damages. The key to a successful claim is establishing that the driver of the vehicle was at fault for the accident and that their negligence caused your injuries.

If you or someone you know has been injured as a pedestrian, we encourage you to contact our office for a free initial consultation. 

Remember, time limits apply to pedestrian accident claims in Queensland, so it is important to act promptly to protect your rights. With the right legal representation, you can focus on your recovery while we work tirelessly to secure the best possible outcome for your claim.