Are pedestrians entitled to motor vehicle accident compensation?

Published 30 Oct 2018

Unfortunately, the number of pedestrian fatalities caused by motor vehicle accidents continues to increase in Australia. In 2018, 182 people died as a result of the aforementioned accidents - a 12.3 per cent increase from the previous year.

But are pedestrians who have sustained injuries on Australian roads eligible for compensation? Below we answer this important question.

Types of accidents and injuries

Pedestrians can sustain injuries in a number of ways, including hit and run incidents or being struck whilst crossing the road. The last example was prevalent in a case brought before the team at Gerard Malouf & Partners.

The plaintiff was crossing the road at Marrickville, NSW when a vehicle which failed to give way struck him. As a result, he was knocked to the ground and sustained injuries to his leg, knee and foot.

 

After various medical tests deliberation, the plaintiff was awarded a total of $278,000 in compensation after his significant restrictions at work were noted.

 

If, like the example above, you've been injured in a motor vehicle accident, you'll be glad to know that victims have the opportunity to receive compensation as part of the motor accidents compensation scheme.

What does the motor accident compensation scheme entail?

The scheme is designed to provide compensation for anyone injured in a motor vehicle accident, including pedestrians. Here, individuals are entitled to the same level of personal injury compensation as drivers or passengers. This includes:

  • Medical, hospital and rehabilitation expenses.
  • Past economic loss such as loss of wages whilst recovering from injuries.
  • Future economic loss if a person's capacity to earn is severely disrupted.
  • Lump sum compensation if a person has suffered a permanent impairment as a result of the accident.
  • Lump sum compensation for a person's pain and suffering.

Even if a person is partly at fault, they may still be entitled to the aforementioned payments.

How can a lawyer help?

If you've been injured as a result of a motor vehicle accident and are wondering what you need to do to submit a claim for compensation, enlist the help of the experts at Gerard Malouf & Partners. We can work with you to decipher what steps need to be taken to increase your chances of rewards of damages. Give our team a call today to see what we can do for you.