Pedestrian Accident Claim Lawyers

Expert Pedestrian Accident Lawyers

Burke Mead Lawyers are experienced compensation lawyers operating across New South Wales. They assist clients in a range of personal injury law matters, including compensation claims for pedestrians and motor vehicle accidents.

Our legal services are delivered by a team of experts, including Managing Director Emma Mead, an Accredited Specialist in Personal Injury law. Our extensive experience in court proceedings and knowledge of pedestrian accident claims will help guide you to the most beneficial resolution. 

Whether you are dealing with a straightforward pedestrian injury claim or need support with more complex compensation law, our team can offer guidance and expert advice every step of the way.

The Benefits of Working with a Pedestrian Accident Lawyer

Legal representation in personal injury law matters is highly beneficial, as personal injury compensation lawyers specialise in mediating and negotiating personal injury disputes. Burke Mead Lawyers are some of the top personal injury lawyers in Newcastle, the Hunter region, and Central Coast, including Emma Mead, the Director of Burke Mead Lawyers, an Accredited Specialist in Personal Injury Law.

Following a car accident, you will likely need time off work, have medical bills to pay, potentially physical rehabilitation to go through, or even psychological impacts to deal with you. You can benefit from speaking with a personal injury law expert about the accident and your needs following the incident.

If you have been hit by a car, resulting in serious injuries, and are looking to make a pedestrian accident compensation claim, you need to speak with our team as soon as possible!

Understanding Pedestrian Accident Claims

Pedestrian accident compensation claims fall under the broader category of motor vehicle accident (MVA) claims and can have significant implications for all parties involved. Understanding the process and your responsibilities as a claimant is crucial for those seeking compensation.

What are my responsibilities as a claimant?

As a claimant, you’ll need to:

  • Report the accident promptly to the police by calling 000 or 131 444. The claim form (known as an application for personal injury benefits) requires you to report the accident to the police and obtain an Event Number. So, the police must attend the accident scene and report the circumstances of the accident. You will then submit this report with your personal injury claim. 
  • Seek immediate medical attention and follow the treatment plans prescribed. 
  • Provide accurate and detailed information about the accident and your injuries.
  • Cooperate with investigations while being cautious about providing statements that could affect your claim.

What does compensation cover?

A successful MVA claim can entitle you to personal injury benefits. These benefits are designed to provide comprehensive support, including:

  • Coverage for replacement wages or weekly benefits if you are unable to work due to the injuries you suffered in a car accident
  • Payment of medical expenses, including both immediate and long-term care
  • Compensation for rehabilitation and recovery costs
  • Potential damages for pain and suffering in severe cases

Given the potential complexities of making a compensation claim, seeking professional legal guidance is advisable to protect your rights and ensure you receive fair compensation for your injuries and losses.

How Do I make a claim if I have been injured in a Pedestrian Accident?

If you have suffered injuries during a pedestrian accident, your first step is to contact our experienced team to discuss your options. We can offer advice on whether or not you are entitled to make a compensation claim and the process for being compensated properly.

To prepare for the consultation about your personal injury, you will need to document as much information as possible about your accident injuries. Where and when you were injured, how it happened, and the physical or psychological injuries suffered mean a lot to the Burke Mead team, as this information lets us explain the law as it applies to you.

Pedestrian Accident Compensation Claims FAQs

Driver or pedestrian: Who is at fault when hitting a pedestrian in Australia?

In NSW, fault in pedestrian accidents is determined on a case-by-case basis, as both drivers and pedestrians have responsibilities under the law. However, drivers have a higher duty of care due to the potential harm their vehicles can cause.

Factors that may determine fault include:

  • Whether the pedestrian was crossing at a designated crossing
  • If traffic lights were obeyed
  • The driver’s speed and attentiveness
  • The pedestrian’s actions, etc.

Under the NSW Road Rules 2014, drivers must give way to pedestrians in many situations, such as when turning at intersections or when a pedestrian is crossing at a marked foot crossing (Rule 81).

Primary impact injury in pedestrian accidents refers to the initial injuries sustained when a vehicle first makes contact with a pedestrian. These injuries typically occur at the vehicle’s bumper level or slightly above, depending on the vehicle’s size and the pedestrian’s height.

Common primary impact injuries include:

  • Lower limb fractures
  • Pelvic injuries
  • Hip injuries

Remember, while this information provides a general overview, each accident is unique and may involve complex legal and factual considerations. For more information on pedestrian safety and injury prevention in NSW, you can refer to the Transport for NSW website.

There are numerous kinds of injuries that could form the basis for a pedestrian accident claim in NSW, including physical injuries, mental health conditions, and chronic illnesses that prevent individuals from returning to their regular employment.

Common physical injuries from pedestrian accidents include:

  • Back and spinal cord injuries
  • Traumatic brain injuries
  • Loss of limbs
  • Fractures and joint injuries

Mental health conditions have become increasingly recognised as valid grounds for compensation. Post-traumatic stress disorder (PTSD) is a common claim, as well as chronic pain conditions.

In short, yes. The timeframes for lodging a compensation claim are strict. Our personal injury lawyers can provide further information regarding eligibility and entitlements, ensure deadlines are met, and ensure you get the compensation you need.

In NSW and most other states/territories in Australia, it will be the green slip—the compulsory third-party insurer of the car at fault.

This means if you are hit by a car driven by a drunk driver or hit by a car and they don’t stop (a ‘hit and run’) accident, you are still able to claim against the CTP insurance scheme, known as a claim against the Nominal Defendant (or ‘unknown driver’). The CTP insurance covers the car at fault regardless of the driver.

A successful compensation claim may result in a lump sum payment. However, it can result in a lump sum payment of damages (for pain and suffering and wages), and you maintain an entitlement to lifetime medical expenses.

Regarding legal fees for motor vehicle accident claims or a personal injury claim, there are ‘no upfront legal costs’. We also understand finances can be complicated and can discuss all financial information during the initial obligation-free consultation.

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Our Personal Injury Lawyers

Managing Director

Public Notary Specialist Accredited in Personal Injury Law

Senior Associate

Personal Injury Law

Senior Associate

Personal Injury Law

Associate

Personal Injury Law

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Notice

Personal injury laws differ from state to state, if you are not in NSW, please contact your relevant state Law society for further assistance.