Elderly pedestrian struck at pedestrian crossing awarded substantial damages

PUBLISHED 07 Jul 2017

Our client was very elderly gentleman who on around August 2015 was crossing a pedestrian crossing in Chester Hill New South Wales being in the Canterbury-Bankstown and Greater Western Sydney Region.

Our client was crossing the pedestrian crossing late in the evening when he was struck by another vehicle who appeared not to observe our client crossing the pedestrian crossing at that time of the night.  Police attended the scene and our client was taken by ambulance to hospital for medical treatment.

He was taken by ambulance to hospital where he was treated for various injuries including a head injury, right knee injury, broken ribs on the left side and psychological effects from the accident.

Our client came and saw us at the request of a family friend and we arranged to lodge a motor accident personal injury claim form as against the insurer vehicle at fault in relation to the accident.

After the insurer had undertaken investigation of liability, they accepted liability on behalf of their insured driver and that there was a breach of duty of care on behalf of their insured driver and they accepted fault with respect to the circumstances of the accident.  Accordingly the matter had to proceed for assessment of damages for compensation.

We arranged for our client to be independently medically examined and assessed, and served those medical reports upon the insurer.

We also provided the insurer with detailed particulars as to the basis of the claim in relation to compensation sought for pain and suffering, past and future treatment expenses and a claim for domestic care and assistance.

The insurer arranged for our client to be independently and medically examined and assessed.  There was clearly a medical dispute between the parties and it had to be referred to the government medical doctors for final determination.

After our client attended to the government medical doctors, the insurer arranged for a settlement conference noting that they had accepted liability for a breach of duty of care on behalf of their insured driver.

The parties were able to discuss the various medical issues and the contents of the medical reports on the part of both parties and the insurer awarded the client a substantial award of damages in compensation in respect of his injuries, losses and damages arising from the motor vehicle accident.

Our client was a pedestrian in the motor vehicle accident who was run over by another vehicle at a pedestrian crossing. There were no witnesses to the accident.

The insurer accepted fault on behalf of their insured driver in negligence and the matter proceeded for assessment of the amount of compensation to be awarded to our client in damages.

Our client was very happy with the outcome of the settlement of the claim.

Conclusion

If you are a pedestrian injured in a motor vehicle accident for which you are not at fault, you may be entitled to claim compensation for damages for personal injuries arising from the accident.

Our client in this case was struck by the insured’s motor vehicle at a pedestrian crossing.  The insurer found that their insured driver was at fault in that he failed to observe our client walking on the pedestrian crossing when he struck him and causing him serious injury, loss and damage.

The insurer agreed to pay our client a substantial award in damages for compensation for our client injuries suffered from the accident.

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 any legal rights that you may have arising from the motor vehicle accident.

Call us now on 1800 004 878 to book a free appointment with one of my compensation experts, or email your enquiry.