A good start would be to educate traffic police and insurance claims officers on the law of negligence, and, in particular, to emphasise the enormous onus on drivers to be extremely careful not to inflict injuries on pedestrians.
Another possible solution is for police to desist from having to make a clear cut decision at the scene in their police reports as to which party they consider caused the accident. In NSW police reports, officers have to answer “Yes/No” as to whether a particular party was responsible for an accident. This leaves no room for investigation or situations where both parties are partly to blame. I would therefore call on question being deleted from police reports.
If you were a pedestrian injured in a motor vehicle accident, I would urge you to seek legal advice. Even if the police blamed you for the accident, you may well be entitled to claim compensation from the CTP insurer of the vehicle that hit you. The blameless accident provisions of NSW motor vehicle legislation may also benefit you. I frequently take over cases from other lawyers who have told pedestrians that they do not have a claim. If this sounds like you, contact me today on 1800 251 800 or make an online enquiry for a no obligation second opinion.