Pedestrian Accident Claims: Navigating Life After Being Struck By A Vehicle
Pedestrian car accidents can be among the most serious road incidents. Pedestrians have no defence against motor vehicles, and this can cause serious injury and even death. Recent statistics as of September 2022 indicate that there have been up to 144 road deaths involving pedestrians from January to July 2022 alone.
Are you a family member of a loved one who was fatally struck by a vehicle? Have you been severely injured as a result of a motor vehicle accident? When a car hits pedestrians, compensation should be sought. But where do you begin? Here’s what you need to know about pedestrian accident claims so you can get the compensation you deserve.
What To Do After A Pedestrian Injury
Pedestrian accident compensation claims rely on you having all of the evidence needed to lodge a claim and receive the compensation you deserve. Of course, the circumstances will vary greatly from those lodging motor vehicle claims such as when their car has been struck by another. The extent of your injuries may prevent you from getting the help that you need.
Should you find yourself in a pedestrian car accident, always:
- Call an ambulance and the police to treat your injuries and ensure that the accident has been reported. If you’re unable to call emergency services, have someone do it for you.
- Make sure to get out of the road and clear the road of any debris to protect yourself and other drivers. If you’re unable to, have someone direct traffic away from you until help arrives.
- Ensure that the driver stays there and that you or someone else is able to obtain their details (insurance provider, license number and registration, name, address, etc.). All of this information is essential to pedestrian injury claims.
- Gather other evidence of the crash if you’re able to. This includes evidence of your injuries, the names and numbers of nearby witnesses, and so on.
Once you have taken these actions and sought medical help to heal your injuries, reach out to a pedestrian accident attorney who can help you navigate the pedestrian accident claims process.
If you were involved in a hit-and-run accident where the driver fled the scene immediately after striking you with their vehicle, an experienced pedestrian accident lawyer will also be able to work with you to help you receive compensation for injuries received during this traumatic event.
How Long Does It Take To Settle A Pedestrian Car Accident?
Pedestrian car accident settlements might seem relatively straightforward, but the reality is that pedestrian accident insurance claims can take much longer than most anticipate. For many, the settlement process can take two years and sometimes even longer. This is because you cannot make a claim for lump sum compensation until 20 months after the accident unless the insurance company agrees that your whole person impairment is greater than 10% or you have been assessed by a doctor at the Personal Injury Commission as having a whole person impairment which is greater than 10%.
Why is this? The complexity of pedestrian accident claims is due to a number of factors, including:
- The severity of your injuries and the subsequent medical treatment required to treat these over time.
- Whether or not any psychiatric care was required to help you cope with and process the trauma of the accident.
- How much time you spent unable to work because of your accident and whether or not you can continue to work after you have received appropriate medical treatment and your injuries have stabilised.
- How your day to day life has changed as a result of your injuries.
- And beyond…
If you were a pedestrian and injured in an accident in NSW you can only lodge one claim. It’s important that you have documentation of every cost stemming from your accident so you receive the proper compensation you deserve.
How Much Compensation Do You Get For A Pedestrian Accident?
Under the Motor Accident Injuries Act 2017 (NSW), almost all pedestrians are entitled to at least 26 weeks of medical treatment, care and help in and around the home and payment of your loss of wages.
When Is A Pedestrian At Fault For A Car Accident?
When the topic of a pedestrian accident in Sydney comes up, many readers may automatically assume that the victim in the incident was not at fault. There are a number of reasons why drivers may hit a pedestrian, including driving while under the influence, looking at their phone, or even experiencing a problem with the road or their vehicle.
However, the driver may not always be at fault. In some pedestrian accident claims, the pedestrian may be fully or partially at fault for the accident. This begs the question, should you be at fault or partially at fault for a car accident, will you be able to receive compensation from pedestrian accident claims?
The answer is yes. Even if you’re at fault for a car accident as a pedestrian, you can still seek compensation to help you cope with the physical, psychological, and professional impact of your accident. However, you can’t expect to receive the same amount of compensation as you would if you were not at fault in a pedestrian car accident.
Lodge Your Claim With Stacks Goudkamp
Pedestrian accident claims can be unknown and complex territory for many. You never expect to be hit by a car, bus or any other type of vehicle on the road. Those who have been hit might suffer moderate to severe injuries that require care over the course of years. Some might not know who the driver was if they fled the scene. Meanwhile, family members may be looking for compensation and justice after the loss of their loved one.
No matter the type of pedestrian car accident case you’re dealing with, we’re here to help.
Stacks Goudkamp is composed of lawyers who have over 40 years of experience helping people just like you navigate the pedestrian accident claims process and receive the pedestrian car accident compensation that they deserve. Our firm is dedicated to guiding you through every step of the process, providing you with full transparency along the way, and supporting you as you navigate this difficult time.
Whether you’re a family member of someone who has passed due to a motor vehicle accident or you’ve been injured yourself, we’re here to help. Are you ready to take the next steps? Reach out to us at (02) 4058 2715 or contact us online for a free comprehensive initial consultation!
