If you’ve been injured in a pedestrian accident in New South Wales, you may be entitled to compensation. Whether you were hit by a car, involved in a hit-and-run, or suffered psychological trauma from witnessing an accident, this guide explains your rights, the claims process, and how to maximise your compensation.
Can I Claim Compensation as an Injured Pedestrian?
Yes. NSW law allows pedestrians to claim compensation under the Compulsory Third Party (CTP) scheme if they’ve been injured due to a motor vehicle accident. You may be eligible if:
- You were hit while crossing the road or walking on a footpath.
• You were involved in a hit-and-run.
• You witnessed or assisted at a traumatic accident and developed psychological injuries.
• You were injured in a near-miss incident that caused emotional distress.
Even if you were partly at fault (e.g. crossing illegally or distracted), you may still be entitled to compensation—though the amount may be reduced.
What Types of Accidents Are Covered?
Pedestrian accident compensation NSW claims can arise from accidents involving:
• Cars
• Trucks
• Motorcycles
• Buses
• Taxis
• Unidentified vehicles (via the Nominal Defendant)
What Should I Do After a Pedestrian Accident?
To protect your rights and strengthen your claim:
1. Seek medical attention immediately—even for minor injuries.
2. Report the accident to police and obtain a police event number.
3. Document your injuries and symptoms, including psychological effects.
4. Submit a claim for personal injury benefits within 28 days to backdate income support.
5. Contact a personal injury lawyer to ensure your claim is properly prepared.
Types of Pedestrian Accident Compensation Available
You may be entitled to:
• Medical expenses (past and future)
• Lost income
• Pain and suffering
• Domestic assistance
• Psychological injury compensation
• Lump sum payments for serious injuries
Psychological Injuries and PTSD Claims
Pedestrian accidents often cause emotional trauma. You may be eligible for compensation even if you weren’t physically injured.
Common Psychological Injuries:
• Post-Traumatic Stress Disorder (PTSD)
• Anxiety and panic attacks
• Depression
• Sleep disturbances
• Phobias (e.g. fear of traffic)
• Social withdrawal
PTSD Statistics:
• Up to 45% of road accident survivors report PTSD symptoms within six weeks.
• 40% experience symptoms one month after the accident.
• 17.9% to 29.8% continue to suffer PTSD one year later.
• Over 50% still show symptoms three years post-accident.
Eligibility for Psychological Injury Claims:
You may qualify if:
• You were emotionally affected by a crash.
• You witnessed a traumatic accident.
• You assisted at the scene and developed psychological symptoms.
Assessment Process:
• Diagnosis by a psychologist or psychiatrist
• Evaluation of impact on work and daily life
• Whole Person Impairment (WPI) rating—above 10% may qualify for a lump sum
Lump Sum Compensation – Are You Eligible?
If your injuries are classified as “above threshold” and you weren’t mostly at fault, you may be entitled to a common law claim for a lump sum. This is in addition to weekly benefits.
Time Limits for Making a Pedestrian Accident Claim
- 28 days: To be eligible for backdated income support.
• 3 months: Final deadline to lodge your claim.
• Extensions may apply in special circumstances.
How Long Does a Pedestrian Accident Claim Take?
- Insurers typically respond within 4 weeks.
• If accepted, payments begin within 14 days.
• Lump sum claims may take longer depending on medical assessments and negotiations.
Why Choose Stacks Goudkamp
Choosing the right pedestrian accident lawyer after a pedestrian accident is critical to ensuring you receive the compensation and support you deserve. At Stacks Goudkamp, we offer a comprehensive and client-focused approach to personal injury law, backed by decades of experience and a strong track record of success.
Specialised Expertise in Pedestrian Accident Claims
Our firm has extensive experience in handling pedestrian injury cases, ranging from minor incidents to complex claims involving serious physical and psychological harm. We understand the nuances of NSW’s CTP scheme and know how to navigate insurer disputes, liability challenges, and medical assessments to build strong, evidence-based claims.
Complimentary Initial Consultation
We offer a free, no-obligation consultation to help you understand your rights and options. During this meeting, we will assess the merits of your case, explain the claims process, and provide clear guidance on the next steps—without any upfront cost.
No Win, No Fee Pedestrian Lawyer
We will act for you on a “no win, no fee” basis. This means you will not be charged legal fees unless we successfully resolve your pedestrian accident claim. Our goal is to make high-quality legal representation accessible to everyone, regardless of financial circumstances.
Personalised Support and Clear Communication
We take a personalised approach to every case. You will be assigned a dedicated lawyer who will work closely with you throughout the process, keeping you informed, answering your questions, and advocating for your best interests. We understand that every client’s situation is unique, and we tailor our strategy accordingly.
Proven Results for Injured Pedestrians
We have secured substantial compensation for injured pedestrians across New South Wales. Our results include successful claims for complex psychological injuries, high-value lump sum settlements, and favourable outcomes in disputed liability cases. We are committed to achieving the best possible result for every client.
Read some of our pedestrian accident case studies: pedestrian accident case studies
Frequently Asked Questions For Injured Pedestrians
Can I claim if the driver wasn’t identified?
Yes. You can lodge a claim through the Nominal Defendant for unidentified or uninsured vehicles.
What if I was partly at fault?
You may still be eligible, but your compensation may be reduced.
What types of injuries are covered?
Both physical and psychological injuries, including PTSD, anxiety, and depression.
How is compensation calculated?
Based on injury severity, impact on work, medical costs, and pain and suffering.
Do I need a lawyer?
Legal support ensures your claim is properly prepared and maximises your compensation.
Get Help Today
If you’ve been injured as a pedestrian, don’t wait. Contact Stacks Goudkamp for expert legal advice and support. We’ll assess your case for free and help you understand your full entitlements.
