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While it’s well established that individuals injured in car-on-car accidents are entitled to seek compensation through a CTP claim, many people are unaware that they are entitled to similar compensation if injured by a motor vehicle as a pedestrian. The same legislation which governs motor vehicle accidents generally, also applies to pedestrians seeking compensation for injuries caused by a negligent driver.
For instance, say you are on your way to the park, enjoying a sunny day and suddenly a reckless driver turns the corner and hits you. Your world turns upside down as you find yourself in a hospital bed, with broken bones and months of recovery ahead of you. Your medical expenses pile up, and you’re unable to work. As an injured pedestrian, the law may be able to help you obtain compensation.
The Motor Accident Insurance Act 1994 and Civil Liability Act 2003 provide the legal framework for pedestrian injury claims. Under this legislation, pedestrians who have been injured can seek compensation for their medical expenses, lost income, and other out-of-pocket costs, as well as compensation for pain and suffering. To make a successful claim, the pedestrian must be able to prove that the accident was caused by the negligence or wrongdoing of another person.
In addition to being to claim damages, commencing a claim for compensation entitles you to seek funding for treatment and rehabilitation from the relevant CTP insurer. Once the at-fault driver has been identified, a claim is lodged against their CTP insurer. This injured person can then request immediate funding for important medical and rehabilitation expenses. This can include funding for GP visits, physiotherapy, psychologist appointments and other treating specialist services.
Receiving rehabilitation funding allows the injured pedestrian to focus their energy on making a full revery from their injuries, without the stress and financial burden of costly medical appointments.
It is important to note that there is a time limit for making a pedestrian injury claim in Queensland. Pedestrians generally have three years from the date of the accident to file a claim. Therefore, it’s crucial to consult with a personal injury lawyer as soon as possible after an accident to ensure that you don’t miss your window of opportunity.
The process of settling a pedestrian injury claim can vary. However, the majority of these claims are resolved through negotiation or mediation, with some claims occasionally proceeding to a trial.
To make a claim for compensation it must first be established that your injuries were caused by the negligence of another party. Like all road users, pedestrians are required to obey road rules, such as using a crossing if one is located within 20 metres, and waiting for traffic to stop at a marked crossing. However, if a pedestrian is injured by a motor vehicle while failing to obey these rules, the pedestrian is not automatically disqualified from claiming compensation. This is because motorists owe a very high duty of care to users of roads, including pedestrians. Motorists must always be on the lookout for potential accidents, including accidents caused by unexpected behaviour of other drivers or pedestrians.
If you are unsure of whether you may have the right to make a claim, it’s best to seek advice from a specialist personal injury lawyer.
The law for injured pedestrians in Queensland is a powerful tool that helps pedestrians who have been injured on the road to seek compensation. If you or someone you know has been involved in a pedestrian accident, don’t hesitate to contact Littles Lawyers so you can understand your rights and options.