There must be no person would have thoughts that want or foresee a car crash on the way home or on the way out of his/her house for a leisurely stroll on the weekend. However, according to the NSW Transport Safety Authority, more than 1500 pedestrians were hit by cars on the street each year and hundreds of them suffered serious injuries that cost them their lives from such accidents. At this point, people may think that they should always be grateful for coming back home safely after going out, and anyone could have experienced such pedestrian traffic accidents at least once in their life. This time, whether you have been in an accident like this, we will see how to handle it, what to prepare for, and how to receive reasonable compensation. 

What to do if you have had an accident?

In fact, coping with pedestrian traffic accidents is not much different from coping with traffic accidents that happen between vehicles. If you are still conscious after the accident and there is not too difficult to move yourself, securing the information of the driver is the priority, including: 

      – Name, address, driver’s license number 

      – Vehicle registration number and details of the vehicle (type, color, model) 

     – Driver’s insurance information of compensation for bicycles or personal goods being held or delivered. 

Besides, it is good to record when and where the accident happened, also the witness’ contact information if there was anyone at the location that the accident took place before your memory faded over time. It will be the best evidence if you take a picture with a cell phone that everyone has these days or save the scene of the incident in a video recording, therefore, you can prevent distortion of the incident or future disputes in advance even after time passes.

What if you are conscious and have minor injuries?

No matter how minor the injury caused by the accident, the aftereffects often occur in a period after the vehicle-pedestrian accident. Normally, if the injuries are not serious right away, the injured person is sometimes reluctant to seek an initial diagnosis from a doctor and thinks that it would be quite bothersome for his/her busy schedule. However, in many cases, aftereffects from the traffic accident are unknown for a brief time, and later, the injuries become serious consequently, if any treatment or rehabilitation from insurance company(ies) be requested, a dispute over the cause of your injuries may arise and such treatment or rehabilitation may have to be delayed. Therefore, it is important to receive a diagnosis from your doctor at the beginning of an accident in preparation for any unexpected situation, even if it is just a minor injury.

What if you are unconscious and have serious injuries?

Some serious injuries resulting from the accidents that pedestrians suffer in general such as the victim losing consciousness or being transported to a hospital, so they are unable to immediately report the situation to traffic police officers right after the accident happened. However, drivers who cause a traffic accident with a pedestrian in Australia are obliged to immediately report the accident to the police and call an ambulance for treatment and transport of the victim, also report the accident to the CTP Insurer. Therefore, either it is the moment after the accident happened or after the injured pedestrian is transported to the hospital, the police are supposed to present at the scene of the accident and write a report on the circumstances. The police will provide the victim with a police event number for these accidents’ information that can allow the victim to receive payment from the insurance company for medical and rehabilitation expenses.

What if it is a hit-and-run accident?

If the driver of the accident leaves the place where the accident happened without reporting it, it will be considered as a hit-and-run and may be prosecuted and subject to legal consequences. The NSW CTP Insurance Scheme operates “Nominal Defendant” so that pedestrians still can apply for treatment, rehabilitation, and compensation even if they are injured in a hit-and-run accident. This is a system to prevent victims from being unable to receive medical treatments or unjustly not being able to claim compensation by creating a so-called defendant who is the subject of legal compensation when a pedestrian is involved in a hit-and-run accident and cannot identify the driver or the vehicle in the accident. At this time, even if the damages are compensated by the nominal defendant system, it is not much different from the compensation claim for general pedestrian accidents, such as hospital expenses and medical expenses, rehabilitation treatment expenses, economic loss caused by the accident, and suffering suffered by the victim due to the accident.

How about the accident caused by the negligence of a pedestrian?

Normal pedestrian traffic accidents are caused by the driver’s negligence, but accidents that occur when a pedestrian illegally crosses the road, runs into the road drunk, or uses a mobile phone while walking when crossing a road other than a sidewalk indicate that the pedestrian is also be judged as at fault. Under NSW CTP Scheme, if you sustained an accident on or after 1st April 2023, even if you’re deemed at fault or contributed to the accident, you may still be entitled to claim statutory benefit payments, including loss of earnings and reasonable necessary treatment medical expenses.  

Due to the nature of pedestrian accidents, there is a lack of necessary information or different views on faults when proceeding with a case and disputes arise and sometimes, securing evidence, eyewitnesses and other witnesses plays a key role in determining the success of a case. 

At Littles Lawyers, we help those who have been unjustly injured in a pedestrian accident obtain reasonable compensation. With our vast experience and expertise in various cases, we always do our best to ensure that you receive the most reasonable compensation, such as collecting evidence and negotiating with insurance companies, which are the most difficult in pedestrian accidents. If you need any consultation, please contact us at 0408 249 334 or press the message button and leave a consultation message.

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