In around Spring 2017, our 64-year-old client had just finished shopping with his wife and was crossing the road at a pedestrian crossing in Western Sydney, when he was struck by a motor vehicle, the driver of which was fleeing a crime scene. Our client was struck heavily, became airborne and thrown onto the windscreen before falling to the ground, suffering significant injuries.
Following the accident, our client was taken by ambulance to Westmead Hospital where he underwent surgery on his fractured right shoulder. In addition, he suffered a crush fracture of the L3 disc in the low back, a possible fracture to the left little finger, multiple fractures to a number of ribs on the left side and ligamentous injuries to the right hand.
After negotiations failed, the matter underwent a CARS Assessment Hearing in order to determine the compensation required for the physical and psychological injuries and the catastrophic impact the accident had on our client’s life.
At the time of the accident, our client was not working as he was undergoing treatment for cancer which was diagnosed, with hopes to return to work, if he had a successful recovery.
Our team gathered multiple business and tax records and presented submissions to the tribunal to further our client’s claim for loss of earnings. This investigation involved pages of records and analysis and multiple conferences with our clients to confirm business records and the functionality of the business so that we had the best understanding of our client’s prior self-employed business from the 1990s to date. Once our investigations were completed, we were able to secure a great outcome for our client, even though he had been out of work prior to the accident and was in his 60s.
Pedestrians can sustain injuries in a number of ways, including hit and run incidents or being struck whilst crossing the road. If 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.
There are several steps you should take following a motor accident before worrying about liability. First and foremost is ensuring that you, the other driver and any passengers you both have are safe. Immediately call 000 for emergency services if necessary, and apply first aid care if you know how. Move the vehicles off the shoulder if the accident is blocking the roadway and it’s possible to do so.
All drivers have a duty to other road users to take reasonable care. If it can be determined that anyone involved in the accident was not taking reasonable care, they can be found negligent and at fault. The top identifiers of negligence consist of:
If you are hit by another driver and they are found at fault, you can make a claim against them for damages. This can include any losses resulting from the accident, including damage to your vehicle.
However, if your actions also played a part in the accident, both drivers may be found at fault. This is called ‘contributory negligence’, and may be apportioned between you and the other driver in any percentage split. In such a case, you may be responsible for bearing part of the cost of the damages.
Compensation can provide vital financial support for people who have suffered serious injuries in a road traffic accident. But are there limitations on how much money someone can receive?
The answer to this question depends on several factors, including:
Let’s break down some scenarios and explore what compensation amounts could be available…
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