Pedestrian’s substantial damages award after being struck by a motor vehicle ignoring green walk sign for pedestrians

Published 23 Nov 2017

Our client was a pedestrian who had driven from her home to do some shopping at Thirroul, a Northern Seaside Suburb of the City of Wollongong NSW.

After having parked her car our client starting walking across the road in Thirroul with a green walk sign with some people walking behind her. As she had crossed most of the road and had almost reached the other side of the roadway, a car driven by the insured driver made a right hand turn and struck her without waiting for the pedestrians to walk across the road. The driver had informed the police that they did not see the pedestrian on the crossing.

Due to the impact of being struck by the vehicle, our client suffered a number of serious injuries and was taken by ambulance to Wollongong Hospital for treatment. Police had interviewed the driver at the scene of the accident and interviewed our client at Wollongong Hospital.

As a result of the accident, our client suffered injuries to her right knee, left knee, left foot, left elbow, left hand, left side of her ribs, left hip, left side of her face, lower back, neck, left shoulder and a fracture to the right knee, psychological injury and shock. We lodged the claim form with the insurer for the vehicle that struck our client. They undertook an investigation of the accident and after obtaining the police report and liability evidence from their insured river and our injured client, they admitted liability on behalf of their insured driver for causing the accident.

Our client was referred for x-rays, scans, physiotherapy, hydrotherapy to manage her treatment after the accident. She was also referred to an orthopaedic knee specialists due to the fracture and damage to her right knee. The insurer paid for our client’s treatment with her doctors and specialists and provided her with assistance at home.  We arranged for our client to be independently medically examined and assessed to determine the full extent of her disability.

As a result of her injuries from the said motor vehicle accident, she was left with permanent impairment to her right knee, lower back and left knee. Even the insurer’s medical specialists determined that she was suffering from significant impairment to those body parts as a result of the accident.

As a result of the medical dispute, our client was referred to the government doctors for assessment purposes. The government doctor’s appointment provided her significant percentages of permanent impairment due to her orthopaedic physical injuries and the government doctor psychiatrist determined that she was also suffering from a significant psychological and permanent impairment arising from the accident.

As a result of the government doctor assessments our client was entitled to pursue awards for damages with respect to permanent impairment and pain and suffering, past treatment expenses, ongoing and future treatment expenses, past loss of wages, future loss of wages, past and future loss of superannuation, past and future domestic assistance and care plus legal costs.

The insurer did not appeal the government doctor assessments of permanent impairment which entitled her to receive a significant award for permanent impairment and pain and suffering. We provided detailed particulars to the insurer as to all heads of damages in relation to our clients claim.

The insurer invited us to participate in a settlement conference for the purposes of reviewing our client’s heads of damages and her claim and the prospect of settling the totality of the claim. Our client attended this settlement conference and after a number of hours of negotiating, the parties were able to resolve the claim on the basis that the insurer was ordered to pay our client a substantial award of damages in compensation for her injuries, losses and damages arising from the accident.

Our client was extremely satisfied with the outcome and settlement of her claim particularly after the initial stages when the insurer did not accept that she has suffered from a serious and permanent injury which entitled her to permanent impairment and pain and suffering. Once she was referred to the government doctors for assessment purposes, they provided assessments of permanent impairment which resulted in the insurer reviewing the matter and their assessment and views of the claim in a manner which reflected our assessment of the claim.

CONCLUSION:-

If you are a pedestrian who is involved in a motor vehicle accident, resulting in serious injury and you are not at fault, you may be entitled to receive a substantial award of damages in compensation for your injuries due to somebody else’s negligence on the road.

Our client in this case was a pedestrian who was struck by a driver who did not see her whilst she was crossing the crossing on a green walk signal when she was struck by the driver causing her a number of injuries. After she had undergone treatment she was medically examined and assessed by our doctors, the insurance doctors and ultimately the government doctors to determine the percentage of her level of impairment arising from the accident. 

Once the medical dispute had been determined by the government doctors, the insurer was then prepared to sit down to consider the matter fresh and to resolve the clients claim.  By arranging an informal settlement conference between the parties, the insurer was ordered to pay our client a substantial award in damages in compensation for her injuries, losses and damages arising from the accident, additional to her legal costs and disbursements in the claim.

For a free no obligation consultation, please contact our toll free number on 1800 004 878 so that an appointment can be arranged for you to attend our office to protect your legal rights that you may have arising from any motor vehicle accident in which you are injured and are not at fault for due to the negligence or fault of another party.