Have you been injured in a pedestrian accident? Our specialised and experienced team of personal injury lawyers are experts in pedestrain accident compensation claims.
PEDESTRIAN ACCIDENT CLAIMS
Sadly, many pedestrians, young, old, and in between are seriously injured each year after they were struck by motor vehicles, including cars, motorcycles, trucks and buses.
The contest between motor vehicles and pedestrians is always a very uneven one. Motor vehicles, often termed “lethal weapons” can cause massive damage to pedestrians, who don’t have airbags or body armour to protect them from serious injury when hit by a car.
Indeed, pedestrians are the most vulnerable of all road users, despite the fact that pedestrian crossings are supposed to be sanctuaries for pedestrians.
Over the past 40 years Stacks Goudkamp have acted for innumerable injured pedestrians, including infants, children, teenagers, adults and the elderly.
Our pedestrian accident claims case studies contains many examples of claims we have successfully brought on behalf of injured pedestrians. Many are very sad to read because of the enormity of the injuries and loss.
In most car and other road accidents involving injured pedestrians the police will attend the scene and conduct an investigation. They are supposed to speak to any witnesses who may have seen what had happened and also to the driver of the car which has caused the damage. Unfortunately, because seriously injured pedestrians are often removed from the scene and taken to hospital before the police even arrive, or they have no memory of the accident because of the serious nature of the injury, the injured pedestrians are often not interviewed by the police. This can result in the police making a determination as to who was a fault with the injured person.
In our experience it is very common for the police to blame the pedestrian for the accident, even though drivers of cars and other motor vehicles owe pedestrians a very high degree of care, because of the damage caused by collisions between motor vehicles and pedestrians.
We have seen literally hundreds of police reports in which the police have blamed the pedestrian for the accident. Yet in the vast majority of cases, probably over 98%, we have been able to establish that the driver of the vehicle involved in the accident was at least partially to blame for the accident and have recovered significant compensation damages for our injured pedestrian clients.
Pedestrian injury compensation is available to young children who have been injured as pedestrians with no reduction for any contributory negligence for children under the age of 6 because the law has established that such young children cannot be responsible for their own behaviour.
Injured pedestrians older than 6 may be found guilty of contributory negligence if their conduct played some part in causing the accident or failed to keep a proper regard for their own safety, for example running across a road, crossing the road whilst intoxicated, crossing the road at a dangerous spot and not on a pedestrian crossing, darting out from behind a parked vehicle, failing to keep any or any proper lookout for motor vehicles etc.
In our experience it is very unusual for a pedestrian to be found to be totally at fault for the pedestrian accident. Indeed, in our experience very few pedestrians are held to be more than 50% to blame.
As the lawyers for injured pedestrians, we make it our practice to visit the scene of the accident as soon as possible if liability is likely to be denied by the insurer or the insurer is likely to allege that our pedestrian client was wholly or partially at fault. The things we look for when we visit the scene of the accident is whether or not the accident occurred close to a school, if the accident happened at night whether there was street lighting or ambient light from shops and other buildings, the presence of pedestrian crossings, the nature of the road where the accident occurred for example, was it a quiet suburban or country road or was it a major thoroughfare or highway? All of these factors are relevant.
In cases where it is unlikely that the driver of the car or other motor vehicle could have done anything to have avoided the collision it is open to injured pedestrians to allege that they were injured in a “blameless accident”, and still receive significant compensation.
WHY CHOOSE STACKS GOUDKAMP FOR YOUR PEDESTRIAN INJURY COMPENSATION CLAIM?
Motor vehicle accident lawyers at Stacks Goudkamp have significant experience in representing injured pedestrians and have rarely, if ever lost a pedestrian injury claim.
We understand that police reports often do not reflect what actually occurred and the opinions of the police contained in the police reports are not gospel and more often than not turn out to be incorrect. That is not to criticise the police as it is understood that the police are not made aware of the law of negligence.
We act for injured pedestrians on a no win no fee basis and we pay all the disbursements e.g. fees for medical reports etc on an ongoing basis. Most of our legal costs and reimbursement of our disbursements are paid on the successful conclusion of the claims. We do not ask our injured clients to pay anything during the course of the claims.
The pedestrian injury lawyers at Stacks Goudkamp are also vastly experienced in negotiating with insurers and/or their lawyers for settlements on the question of liability, namely who was at fault and if there needs to be any compromise for our clients’ contributory negligence. We are often successful in negotiating an agreement in relation to liability well before a claim can be fully assessed on quantum i.e. on the damages to be awarded to the injured person.
We are also very conscientious when it comes to interviewing witnesses to the accident if liability is in dispute or is likely be contested by the insurer. We do so as soon after the accident as possible before memories fade or road conditions change.
Most pedestrians struck by a car or other motor vehicle suffer injuries for which they are entitled to receive compensation, even if they were partly to blame for the accident, or the accident can be deemed to be a “blameless accident” where it is not possible to prove that the driver of the car or motor vehicle which struck the pedestrian was in any way to blame.
If a pedestrian has been struck and injured by an unidentified car, for example in a “hit and run”, the injured pedestrian is entitled to receive proper compensations through a body called “the nominal defendant” which is a fund that allows injured pedestrians to be compensated in such cases. The claim is initially made against the nominal defendant which then allocates the handling of the claim to one of the CTP insurers.
The best way to make a claim is to consult an expert lawyer in CTP claims who can assist you in completing the claim form required to commence your claim. In our experience many of our clients who have been struck by motor vehicles are in no fit condition to complete the claim forms themselves in a timely fashion. In very serious cases social workers at the trauma hospitals will often complete the claim forms for the accident victims.
The injuries range from catastrophic brain injury, spinal injuries, broken bones, and other serious injuries. It is quite rare for a pedestrian who has been hit by a car or some other motor vehicle not to have suffered a serious injury.
Yes. It really depends on how you conducted yourself whilst intoxicated. For example, if you were intoxicated but you were walking across a pedestrian crossing or in accordance with traffic control signals it makes no difference that you were intoxicated. You did nothing wrong. If however your intoxication caused you to do something foolish such as crossing a busy road without looking, crossing away from an available pedestrian crossing, stepping onto the road without looking out for cars, it is likely that you will be found guilty of some contributory negligence which will reduce the compensation you will ultimately receive. For example, if you are 50% to blame the accident you will receive 50% of whatever damages would have been awarded to you had you been entirely innocent.
Yes. It is very common for police to blame a pedestrian, rather than driver because quite often police do not have an opportunity to speak to the pedestrian or the pedestrian may be so injured that he or she cannot remember the circumstances of the accident. This situation is very common for pedestrians who have suffered head injuries, including traumatic brain injury which sadly is often the consequence of a pedestrian being hit by a vehicle and being thrown either onto the windscreen of the vehicle and then onto the road or directly onto a hard surface.
The determination by the police as to who was to blame for the accident is not binding on anyone. The police often get it wrong. Also, the police are not versed in the law of negligence and contributory negligence.
Yes. Stacks Goudkamp acts for all clients, whether pedestrians or clients injured in some other way, on a “no win, no fee” basis. This means that unless the claim is successful Stacks Goudkamp will not be paid any costs and will not be reimbursed for any disbursements it may have incurred in preparing and presenting the claims e.g. obtaining medical records, reports, experts reports etc.
It is very advisable that you consult not just a lawyer by a lawyer who is an expert in acting for injured pedestrians in personal injury claims. Experienced personal injury lawyers, like those at Stacks Goudkamp, know what to look for in relation to investigating who may have been to blame for an accident and how to prepare and prosecute the compensation claims and to negotiate with insurers and/or their lawyers in a productive manner.
If you have been injured in a pedestrian accident, it can have devastating impacts on your life and finances. You may be able to initially receive compensation through at least the payment of your medical expenses and wages.
You may also be entitled to receive compensation for the following:
The amount of compensation you will receive depends on many factors. These include:
We are dedicated and the leading No Win, No Fee personal injury lawyers in NSW. For over 40 years, Stacks Goudkamp has been helping injured Australians to receive the compensation they need and deserve.
We are dedicated and the leading No Win, No Fee personal injury lawyers in NSW. For
over 40 years, Stacks Goudkamp has been helping injured Australians to receive the
compensation they need and deserve.
Call or Email us to start the process and to receive expert legal advice for personal injury or compensation claims. Seek the professional support you deserve on (02) 4058 2715 or enquire online through our website.
We are just a call or email away. Do not struggle with complex personal injury claims processes and in dealing with insurance companies on your own. We are here to listen and to help you to get the compensation you deserve.
We will not charge you for a comprehensive initial consultation where we will listen to your needs and provide you with free detailed advice. Compassion is what drives us. You can be sure that your questions will be answered.
Here, we will explain the next steps and what it takes to achieve the best possible outcome.
We will not require you to pay our legal fees, or any expenses (disbursements), unless we win your personal injury claim i.e you receive compensation. We know that being injured can result in terrible financial pressures.
We pride ourselves on giving every injured Australian the peace of mind that we will look after them by acting on a no win no fee basis for their compensation claims.
Contact your local team for a free consultation to find out if you are eligible for compensation