Pedestrian receives $130,000.00 compensation after being struck by motor vehicle

Published 08 Jul 2013

We acted for Mrs L who was injured on 12 December 2011 when she attempted to cross the road at Ryde near Ryde Shopping Centre. There was a pedestrian crossing up the road but she decided not to use it and simply cut across the road as it was the most direct route to her house.

As she crossed the road a vehicle that was coming in the opposite direction failed to see her as the driver was too busy giving way to his left and as he made the turn, he collided into Mrs L knocking her to the ground.

As a result of the collision, Mrs L suffered a fracture to the leg which resulted in her being conveyed to Ryde Hospital where she was admitted, operated on and discharged after a few days. Mrs L was not working at the time, however as a result of her injuries she found it very difficult to look after her large household and she found it difficult to do her day to day chores, including vacuuming, mopping, cleaning the bathrooms, cooking and heavy shopping.

Mrs L contacted the offices of Gerard Malouf & Partners Compensation Lawyers and despite the fact that the Police has nominated her as being the person at fault we provided Mrs L with Advice that she should commence legal proceedings against the driver because the circumstances of the accident suggested that he should have seen her and he should have avoided the collision. Mrs L formally instructed the offices of Gerard Malouf & Partners Compensation Lawyers and proceedings were commenced in the District Court on her behalf.

Arrangements were made for her to be medically assessed by our expert medical team who provided supportive reports. Following receipt of all the appropriate medical documentation the solicitors for the insurer invited our firm to attend their offices in the city for the purposes of discussing settlement. To our delight, the defendant’s solicitors offered a substantial sum of money on the day however, Mrs L was advised not to take the money as we believed that we could achieve a better result for her. Whilst the matter did not resolve at the settlement conference it resolved shortly thereafter with Mrs L receiving a further $20,000.00 more compensation than what was offered to her at the settlement conference.

There was no need for Mrs L to attend Court and the settlement resolved the matter. Mrs L was delighted with the result given that she did not have to attend Court and face any risks.

We achieved an excellent result for Mrs L in a short period of time without any risk in circumstances where the Police had blamed her for the accident and in circumstances where she was not going to pursue the claim because she believed that she was at fault.

We are a highly specialised firm of compensation lawyers, specialising in compensation type matters. If you have been involved in a motor vehicle accident or you have been injured as a pedestrian then feel free to contact us on our toll free number 1800 004 878 and ask to speak to Ray Abbas. We would gladly be willing to provide you with advice and we remind you that our first consultation is always a free consultation and we act on a no win no fee basis.