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Eastern suburbs pedestrian hit by bus while crossing the road awarded over $300,000

Case Overview
  • Our client, a middle-aged Eastern suburbs woman was hit by bus while crossing the road. She later recorded a high blood alcohol level and was found guilty by police.
  • GMP assisted our client in overcoming two major issues in this matter: seeking proof from our client’s employers to evidence her earnings and allow for greater compensation for economic loss, and through the assistance of a liability expert to make arguments that our client was a lower percentage at fault.
  • GMP’s efforts in this matter assisted our client to receive maximum compensation, by ensuring that all issues are resolved with sound supporting evidence of our arguments.

A middle-aged Eastern suburbs woman finished her work when she crossed 5 lanes of traffic before being hit by a bus and sustaining a serious traumatic brain injury and major orthopaedic injuries. She later recorded a high blood alcohol level and was found guilty by police.

The claim was made for her pain and suffering, due to the extent of her injuries, and for economic loss, as she was unable to return to work after the accident.

Our Approach

GMP assisted our client in overcoming two major issues in this matter.

While the insurer accepted that our client’s injuries were severe enough to warrant entitlement to compensation for her pain and suffering, they resisted accepting our client’s economic loss. As our client had been working cash in hand and had not been declaring all of her income to the ATO. The insurer sought to rely on our client’s tax returns, which showed a lower income than that actually received. We then sought out further evidence from our client’s employers to evidence her earnings and allow for greater compensation for economic loss.

The second major hurdle in this car accident claim was that of contributory negligence, in that the insurer was of the opinion that our client was 80% at fault for the accident. We sought out the assistance of a liability expert which assisted us in making arguments that our client was a lower percentage at fault.

GMP’s efforts in this matter assisted our client to receive maximum compensation, by ensuring that all issues are resolved with sound supporting evidence of our arguments.

The Result

GMP's efforts in this matter assisted our client to receive a maximum compensation of $300,000, by ensuring that all issues were resolved with sound supporting evidence.

Vrege Kolokossian

Senior Partner
My aim is to always listen and to do the best for my clients
Frequently Asked Questions

More Information

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:

  • Speeding
  • Failing to obey traffic lights or signage
  • Driving while intoxicated or otherwise under the influence
  • Failing to “keep a proper lookout”

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:

  • Who was to blame for the accident?
  • How severe were your injuries?
  • Is there permanent damage?
  • Are you entitled to damages for non-economic losses?

Let’s break down some scenarios and explore what compensation amounts could be available…

 

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.
 

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.
 

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Gerard Malouf & Partners
 — Personal Injury Compensation Lawyers

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