Pedestrians and motor vehicle accidents
Recently, the Sydney Morning Herald published an article about the safety of pedestrians on Sydney’s road. In it, they report that 29 people have been killed on NSW roads so far in 2018, with many more also being left with injuries.
Pedestrians who do survive car accidents are often seriously injured because a motor vehicle is a large, heavy, metal machine that can do much more damage to a human body than a human body could ever do to it.
Pedestrians who are injured by a motor vehicle have the right to make a claim for compensation against the vehicle that caused their accident. Under the new Motor Accident Injuries Act (introduced from 1 December 2017), almost all pedestrians are entitled to at least 6 months treatment, care and income support. Pedestrians who sustain injuries that are not considered ‘minor’ may be entitled to further benefits and those who are seriously injured may also be able to claim a lump sum or common law damages.
Fatal pedestrian accidents
People who witness a fatal pedestrian accident or the close family of the person who died may also be able to make a claim if they suffer a recognisable psychiatric injury such as post traumatic stress disorder.
The Motor Accident Injury scheme provides that reasonable funeral expenses must be paid by the third party insurer of the vehicle that caused any fatal accident.
Those family members who are dependant on a person killed in a pedestrian accident may also have a claim for the financial loss caused by the death of their loved one.
Insurers will often deny liability to make any payments for pedestrian claims but you can dispute an Insurer’s liability decision and you need the best team looking after you and your claim. If you or somebody you care about has been injured in a motor vehicle accident, be in as a driver, passenger or pedestrian, you may be entitled to compensation. For more information, and to arrange a free, no-obligation assessment of your claim, please call Stacks Goudkamp on 1800 25 1800, or alternatively make an online enquiry.
Written by Belinda Cassidy.
Belinda Cassidy holds the position of Special Counsel at Stacks Goudkamp. She had previously held the position of Principal Claims Assessor at the State Insurance Regulatory Authority (SIRA) for 18 years, and currently holds an appointment as a Claims Assessor under the Motor Accidents Compensation Act.