Pedestrian Accidents
Struck by a vehicle as a pedestrian? When you’re on foot, there’s nothing between you and a car. The injuries can be devastating, and your rights are stronger than you might think.
Pedestrians have no crumple zone, no seatbelt, and no protection. When a vehicle hits a person, the consequences are often severe and long-lasting. If you were struck by a vehicle in NSW, the CTP scheme may entitle you to compensation covering medical costs, lost income, care needs, and lump sum payments for serious injuries. Critically, even if the driver fled the scene or can’t be identified, you may still have a valid claim.
Pedestrian claims can be straightforward, but they’re often contested, particularly around liability and the long-term impact of injuries. Getting proper legal advice early means your claim is built on solid evidence from the start, not patched together after the fact.
Who Can Claim
You may be eligible to claim if you were:
- Crossing the road, at a crossing or otherwise
- Walking near or alongside traffic
- Injured in a car park or private property with vehicle access
- Struck in a hit-and-run incident where the driver cannot be identified
In hit-and-run cases, NSW’s Nominal Defendant scheme exists specifically to ensure victims aren’t left without recourse simply because a driver fled.
How a Claim Works in NSW
Pedestrian injury claims follow the standard CTP process:
- Lodge your injury benefits claim within the required timeframe. Time limits apply strictly, so acting promptly matters.
- Medical assessment and injury classification to determine your entitlements.
- Weekly payments and medical expenses while you recover, where eligible.
- Lump sum compensation for serious injuries that meet the permanent impairment threshold.
We assist at every stage and make sure the insurer assesses your claim properly.
Why You Might Want a Specialist Lawyer
Pedestrian claims frequently involve disputes about how the accident happened and how seriously the victim was affected. We help you:
- Gather and present evidence clearly, including witness accounts, traffic camera footage, and police reports
- Ensure your medical evidence reflects the full and ongoing impact of your injuries
- Challenge insurer decisions that undervalue or dispute your claim
What Compensation Could You Receive?
Depending on your injuries and circumstances, you may be eligible for:
- Medical treatment and care expenses
- Weekly income support during recovery
- Lump sum payment for future economic loss
- Lump sum for permanent impairment and pain and suffering where the injury threshold is met
FAQ
What if the driver who hit me drove away?
You may still have a valid claim under NSW’s Nominal Defendant scheme, which exists to compensate people injured by unidentified or uninsured vehicles. Don’t assume a hit-and-run ends your options.
What if I was jaywalking or crossed against the lights?
Contributory negligence may affect your claim, but it doesn’t automatically disqualify you. We’ll assess the circumstances and give you an honest picture of where you stand.
Can I claim for psychological injuries as well as physical ones?
Yes. Psychological injuries, including PTSD and anxiety disorders, are recognised under the CTP scheme and can form part of your overall claim.
