Written by: Vrege Kolokossian When a pedestrian is struck by a motor vehicle, the injuries can range from minor fractures to serious conditions that affect a person’s ability to work and recover. In many cases, injured pedestrians may be entitled to compensation by pursuing pedestrian accident compensation claims for medical costs, lost income, and the long-term impact of their injuries.
This March 2026 guide explains the steps involved in making a claim and what compensation may be available.
What is a pedestrian accident?
A pedestrian accident occurs when a person on foot is struck by a motor vehicle on a road, driveway, car park, or similar traffic area.
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These can include:
- Crossing a road or intersection
- Walking along a footpath or roadside
- Entering or leaving a vehicle
- Standing in a car park or driveway.
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When a person is injured in these situations, they may be able to pursue pedestrian accident compensation claims through the motor accident compensation scheme. Even if the injured person was not inside a vehicle, compensation may still be available through the Compulsory Third Party (CTP) insurance attached to the vehicle involved in the accident.
Types of pedestrian accident compensation claims
Pedestrian accident compensation claims generally fall into two categories, depending on the outcome of the accident.
1. Injury compensation claim
An injury compensation claim allows an injured pedestrian to recover compensation for the financial consequences of the accident.
In many cases, the claim begins with statutory injury benefits available under the motor accident scheme in the relevant state. These benefits may cover medical treatment and income support while the injured person is recovering.
However, where the injuries are more serious, and another driver was responsible for the accident, the claim may also progress to a lump sum damages claim.Â
Compensation in pedestrian injury compensation claims may include:
- Medical and hospital expenses
- Rehabilitation and treatment costs
- Lost income during recovery
- Reduced future earning capacity
- Care or assistance needs
- Pain and suffering damages.
For example, a pedestrian who suffers a fracture and returns to work after several weeks may only claim treatment costs and short-term income loss. If the same accident causes injuries that prevent someone returning to their previous work or require ongoing treatment, the claim may include future income loss and long-term care needs.
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How pedestrian accident compensation is assessed
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| Injury outcome | Typical compensation considerations |
|---|---|
| Short-term injury with full recovery | Compensation may cover medical treatment, rehabilitation costs, and income lost during the recovery period. Once the person returns to work without ongoing symptoms, the claim often focuses on the immediate financial impact of the injury. |
| Injury requiring surgery or extended rehabilitation | Claims may include hospital treatment, surgery, physiotherapy, and longer periods of income loss. If recovery takes several months, the claim may also consider reduced earning capacity during rehabilitation. |
| Injury affecting the ability to return to previous work | If the injury prevents a return to the same occupation, compensation may include future loss of earning capacity. This can occur where physical injuries prevent manual work or where ongoing symptoms limit working hours. |
| Injury resulting in a permanent impairment | Where the injury causes long-term impairment, compensation may also include damages for pain and suffering. The assessment usually considers the severity of the impairment and how it affects work capacity and independence. |
2. Fatal accident compensation claim
In some circumstances, a pedestrian accident may result in a fatal injury. When this occurs, certain family members may be able to pursue a fatal accident compensation claim (wrongful death). These claims recognise the financial losses experienced by dependants following the death of a loved one.
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The value of the claim often depends on factors such as the deceased person’s income and the level of financial dependency involved.
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Compensation in fatal accident claims may include:
- Funeral expenses
- Loss of financial support
- Loss of household services previously provided by the deceased.
Who can make a pedestrian accident compensation claim?
CTP insurance compensates people injured in road accidents regardless of whether they were driving, cycling, or walking. This means pedestrians who are struck by a vehicle may still pursue a pedestrian accident claim even though they were not inside a vehicle at the time.
Pedestrian’s role
A pedestrian does not always need to be completely free of fault to pursue a pedestrian accident compensation claim.
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In some situations, the pedestrian may have contributed to the accident. This can happen where a person crosses outside a marked crossing, enters the roadway unexpectedly, or misjudges the speed of an approaching vehicle. When this occurs, the law may apply what is known as contributory negligence. This means the pedestrian’s compensation may be reduced to reflect the percentage of responsibility assigned to them for the accident.
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If a court determines that a pedestrian was 20 percent responsible for the accident, for example, the compensation available may be reduced by the same proportion. The claim itself may still proceed, but the final compensation amount will reflect the shared responsibility for the collision.
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And even where responsibility is shared, a pedestrian accident claim may still proceed, with compensation adjusted to reflect each party’s contribution. A pedestrian may still be able to pursue a claim through the relevant motor accident scheme.
Responsible parties
The driver who struck the pedestrian is usually the party responsible for the accident. Drivers have a legal duty to maintain control of their vehicle and take reasonable steps to avoid colliding with pedestrians.
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However, responsibility for a pedestrian accident may sometimes extend beyond the driver.
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Depending on the circumstances of the collision, liability may involve:
- The driver of the vehicle
- An employer, if the driver was working at the time of the accident
- The owner of the vehicle, if someone else was driving it
- Another road user whose actions contributed to the accident.
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In some situations, when the driver responsible for the accident cannot be identified or the vehicle leaves the scene before details can be recorded, hit-and-run compensation may be available.Â
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Motor accident schemes allow injured pedestrians to pursue claims through the Nominal Defendant, which exists to compensate people injured by unidentified or uninsured vehicles.
Legal insight
In many pedestrian accident claims, establishing how the collision occurred is central to the case. Police reports, traffic camera footage, witness statements, and accident reconstruction evidence may all be used to determine who was responsible and whether compensation may be available
Common pedestrian accident scenarios
| Accident scenario | How a claim may proceed |
|---|---|
| Pedestrian hit while using a marked crossing | The driver may be primarily responsible for failing to yield to the pedestrian. Compensation may be available through the vehicle’s CTP insurance. |
| Pedestrian crossing outside a designated crossing | A claim may still proceed, although compensation may be reduced if contributory negligence applies. |
| Pedestrian struck in a car park or driveway | The driver may still owe a duty of care to avoid pedestrians in shared spaces such as car parks. Compensation may be available if the driver failed to take reasonable care. |
| Hit-and-run accident | The claim may proceed through the Nominal Defendant if the driver cannot be identified. |
| Accident involving multiple vehicles | Responsibility may be shared between drivers depending on how the accident occurred. Compensation may still be available where another party contributed to the collision. |
How to make a pedestrian accident compensation claim
If you have been injured in a pedestrian accident, the steps taken after the collision can affect your ability to pursue compensation.
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In many cases, pedestrian accident claims rely on evidence gathered shortly after the incident. Medical records, police reports, and witness statements can all play an important role in showing how the accident occurred and how the injuries affected the person involved.
Notification of the accident
Reporting the accident and documenting what occurred is often the first step in supporting a pedestrian injury claim.Â
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Where possible, it is important to seek medical attention and ensure the incident is properly recorded. Early medical documentation supporting pedestrian accident claims helps guide treatment and can also establish a clear record of the injuries sustained.
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Accident reports, photographs, and witness details may later become important evidence if the insurer disputes how the accident occurred.
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Here’s what to do:
- Seek medical attention as soon as possible. Medical records create an early record of the injury and help establish that the injuries were caused by the accident.
- Call emergency services if anyone is injured. A police report can provide independent documentation of how the accident occurred.
- Record the driver’s name, contact details, and registration number. This information is needed to identify the correct CTP insurer responsible for the claim.Â
- Take photos of the vehicles and accident scene. Photos of the vehicles, road conditions, and the surrounding area may help determine how the collision occurred.
- Collect witness names and contact details. Independent witness statements can help clarify responsibility for the accident.
- Keep records of medical treatment and expenses. Medical bills, treatment records, and receipts help establish the financial losses caused by the injury.
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Taking these steps does not guarantee a successful claim, but they can significantly strengthen the evidence available if a pedestrian accident claim proceeds.
Seeking legal assistance
Some pedestrian accident claims are straightforward, particularly when injuries are minor and liability is clear. Others involve disputes about liability, injury severity, or compensation amounts.
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Whether your situation progresses to a pedestrian accident lawsuit or resolves through negotiation, a car accident lawyer can assist with:
- Identifying whether compensation may be available
- Gathering medical and financial evidence
- Communicating with insurers on your behalf
- Assessing the potential value of the claim
- Negotiating a settlement where appropriate.
GMP Law can also advise whether your situation may involve pedestrian personal injury claims or another form of compensation claim under the motor accident scheme.
Find out how much you can claim today
Filing the Claim
Once the accident has been reported and the initial medical evidence gathered, the next step is lodging the formal injury claim.
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This usually involves submitting a claim form to the CTP insurer attached to the vehicle involved in the accident through the CTP insurance claims process. The claim typically includes information about the accident, medical certificates describing the injuries, and evidence of any financial losses suffered.
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After the claim is lodged, the insurer will review the information provided and may request additional medical assessments or documentation. In some cases, claims resolve through negotiation with the insurer once the extent of the injuries and financial losses is clear. In other situations, the claim may progress further if liability is disputed or if the parties cannot agree on the compensation amount.
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Because strict time limits apply to many motor accident claims, seeking advice early can help ensure the claim is lodged within the required period.
Time limits for pedestrian accident claims
In most cases, pedestrian accident claims must be reported to the insurer within 28 days and formally lodged within three months. These deadlines apply to most pedestrian injury claims under motor accident compensation schemes. However, claims may still proceed if notification occurs later, provided a reasonable explanation is given.Â
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Where a claim later progresses to a lump sum damages claim for serious injury, additional time limits may apply depending on the state and the circumstances of the accident.Â
How pedestrian accident compensation is calculated
If you were injured in a pedestrian accident, the compensation available will generally depend on the nature of the injury and the impact it has on your ability to work and recover.
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In many cases, pedestrian accident compensation is assessed by looking at how the injury affects three main areas:Â
- Treatment costs
- Income loss
- The lasting effect of the injury.
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For example, someone who requires surgery and several months away from work will usually have a different claim from someone who returns to normal duties within a few weeks. Where injuries cause permanent impairment or ongoing symptoms, compensation may also include lump sum damages.
Key takeaway
Pedestrian accident compensation claims may include medical treatment costs, rehabilitation expenses, income lost during recovery, and compensation for long-term injury impacts. The amount available depends on the severity of the injury and how it affects the person’s ability to work and recover.
Medical expenses
Medical expenses are often one of the first components considered in pedestrian accident compensation claims. These costs may relate to the treatment required immediately after the accident as well as ongoing care during recovery.Â
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In pedestrian accident claims, medical expenses may cover:
- Hospital treatment and surgery
- Specialist consultations and medical assessments
- Physiotherapy and rehabilitation programs
- Prescription medication and medical equipment
- Travel costs associated with treatment.
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In some cases, injuries require ongoing treatment long after the accident itself. Where medical evidence shows that further care will be required, future medical expenses may also be included when assessing pedestrian injury compensation.
Lost earnings
Where a pedestrian accident results in injuries that prevent you from returning to physically demanding work, compensation may cover both past and future income loss.Â
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For example, if a pedestrian working in construction suffers a leg injury that prevents them from returning to manual work, compensation may include future income loss.
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In some cases, this may also include:
- Reduced physical capacity
- Time away from work during recovery
- Reduced working hours
- The inability to return to the same occupation
- Reduced earning capacity over the long term.
Pain and suffering
Pain and suffering compensation recognises the lasting physical and psychological impact of the injury that goes beyond financial loss. It is usually considered where the injury results in permanent impairment or long-term consequences.
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In pedestrian injury claims, this may include situations where an injury leads to:
- Ongoing pain that affects mobility
- Reduced physical capacity
- Psychological consequences following the accident
- Permanent impairment confirmed by medical evidence.
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Common issues in pedestrian accident claims
In some pedestrian accident claims, insurers may dispute how the accident happened or how the injury affects the person’s ability to work.
Proving liability
One of the most common issues in pedestrian accident claims is proving who was responsible for the accident.
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Drivers have a duty to keep a proper lookout, control their vehicle, and take reasonable steps to avoid striking pedestrians. When a pedestrian is injured, insurers will examine the available evidence to determine whether the driver failed to meet that duty.
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Insurance companies may review factors such as:
- Police reports describing the accident
- Statements from witnesses who saw the collision
- Traffic camera, CCTV, or dashcam footage
- Photographs of the accident scene and vehicle damage
- Road layout and traffic signal information.
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In some cases, insurers may argue that the pedestrian contributed to the accident. This may happen if the pedestrian crossed outside a marked crossing or entered the roadway unexpectedly.
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Where contributory negligence applies, the pedestrian accident claim may still proceed. However, the compensation available may be reduced to reflect the percentage of responsibility assigned to the pedestrian.
Legal insight
A lawyer can proactively collect and organise key evidence—police reports, witness statements, CCTV, and photos—to counter these arguments. By clearly presenting the facts, they can limit disputes over liability and strengthen your case.
Accurate compensation calculation
Immediately after the accident, it is not always clear how long recovery will take or whether the injury will affect the person’s ability to return to work. Medical specialists often need time to assess the injury and provide an opinion on the long-term outlook.
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For this reason, insurers rely heavily on medical reports and employment records when assessing compensation. If medical evidence confirms that the injury affects long-term work capacity, compensation may include future income loss as well as ongoing treatment costs.
Legal insight
Insurers often try to minimise compensation by underestimating future medical costs or ongoing impacts on work and daily life. A lawyer can gather detailed medical reports, employment records, and expert assessments to demonstrate the true extent of the injury. This ensures claims reflect both current and future needs, helping to prevent undervaluation by the insurer.
