Pedestrian awarded $400,000 compensation after running out onto the roadway and being struck by a motor vehicle
Published 29 Sep 2014
We acted for Ms V who was a courier driver. On the day in question he was making a delivery to a Chinese Grocery shop. He had delivered the goods and was returning to his vehicle. He stepped out into between to parked vehicles and straight onto the roadway without looking and was struck by an oncoming vehicle, flung up into the landing on the opposite side of the road and then struck again by a vehicle coming in the opposite direction. As a result of the accident Mr V suffered multiple injuries including a Traumatic Brain injury for which he remained hospitalised for a lengthy period of time.
Initially the family were unsure as to whether Mr V had any entitlements given that the police had nominated him as being the person at fault noting that he had run out in front of the cars and it was initially assumed that the drivers of the cars in question could do nothing to avoid the accident.
At Gerard Malouf and Partners we opened up a file and Personal Injury Claim Forms were lodged against the CTP Insurers of both vehicles involved. Both insurers denied liability arguing that it was our client that caused the accident. A Certificate of Exemption was obtained from the Claims Assessment Resolution Service (CARS) which then enabled proceedings to be commenced in the Supreme Court of NSW. A liability report was obtained from a Traffic Accident Reconstruction Expert which supported to proposition that both drivers ought to have seen Mr V and given that the accident occurred in a shopping centre that both vehicles were travelling at a speed which was excessive. The engineer concluded that had the vehicles been travelling at an appropriate speed they should have:
- Seen Mr V and;
- Avoided colliding into him by either slowing down or swerving.
That evidence that was given by the Traffic Accident Reconstructive Expert provided us with an opportunity to argue that we had prospects of success and that the Court was likely to find in Mr V’s favour.
Whilst liability was extremely difficult we were still able to convince both insurers to participate in a Settlement Conference and ultimately make considerable offers of settlement. In circumstances where one would have thought Mr V was totally to blame.
Mr V’s family were thrilled with the offer of $400,000.00 which was ultimately accepted by Mr V and his family and the Court approved that settlement.
If you are injured as a pedestrian crossing the road and you are unsure as to whether you have any legal rights ton claim compensation then please feel free to contact us for a free no obligation advice. Although you may have been blamed for the accident it may be that we can assist in obtaining compensation for you.
Please contact us on our toll free number 1800 004 878 to arrange a no obligation appointment at one of our Sydney wide offices.
At Gerard Malouf and Partners we are large enough to take on the various CTP insurers but small enough to care about your claim and provide the proper service to you.