Injury compensation for pedestrian cleaned up by Smithfield speeding driver

PUBLISHED 11 May 2017

In September, 2015 was a pedestrian walking along Canley Vale Road, Smithfield, in the Greater Western Sydney Region.

Our client had the green walk signal at the time when the driver of the insurer’s motor vehicle travelling in the opposite direction turning right lost control of the vehicle as he was cutting the corner from victoria street into canley vale road, smithfield and ran over the pedestrian causing him to suffer serious injuries.

Police attended the scene and took a history of the accident. Our client had already been taken from the scene of the accident by ambulance to fairfield hospital to be treated for his facial injuries and injuries to his head, jaw, teeth, mid back, left hip, right side of the body, left knee, and multiple abrasions over his body, shock and psychological injury.

The insured driver took the view that he was not at fault in relation to the said accident. Our client had to go back to the police for them to further investigate the matter. Our client lodged a motor accident personal injury claim form upon the relevant insurer for the insured driver for our clients compensation claim to be registered and for the insurer to undertake an investigation of the issue of liability in respect of the claim.

We considered the insured driver to be at fault, and that he was not being fully frank as to the circumstances surrounding our client accident. Our client mainitained that he had the green walk sign at the time, despite the insured drivers denials to the contrary.

After completing their investigations with respect to the issue of liability, the insurer admitted liability on behalf of their insured driver stating that they owed our client a duty of care and the insured driver had breached that duty of care and was at fault for the said accident and that as a result of that our client suffered injuries, loss and damage as a result of their insured driver’s negligence in causing the accident.

The matter therefore proceeded on for assessment purposes and our client’s claim comprised of compensation for non-economic loss for permanent impairment, pain and suffering, past and future treatment expenses, past and future loss of wages and past and future care which would have to be the subject of medical evidence from his treating doctors and specialists.

After our client underwent the treatment with his treating doctors and specialists, we obtained medical reports from them including medico-legal assessments as to the full extent of his injuries and disabilities arising from the accident. The insurer also arranged for him to be medically examined and assessed.

We provided the insurer with detailed and full particulars of the claim in terms of the compensation claimed, including pain and suffering, past and future treatment, loss of wages, and domestic care so as to assist them in the assessment of compensation and damages to be awarded to our pedestrian client.

Once the detailed particulars were provided to the insurer, they requested for an informal settlement conference for the purposes of discussing the liability and medical issues and to consider settlement prospects in relation to the claim. An informal settlement conference was arranged between the parties and our client attended that settlement conference.

The parties undertook detailed settlement discussions and the insurer on behalf of their insured driver agreed to pay our client significant damages of compensation for his injuries, losses and damages arising from the accident for which they had accepted full liability. This was exclusive of legal costs.

Our client had returned to work and continued to work in his pre-injury employment duties although various heads of damages were claimed as a result of the accident. He had made a reasonable recovery from the accident.

Our client was very satisfied with the outcome and the settlement of the claim in which he was awarded significant damages in compensation for injuries that he suffered as a result of being a pedestrian in a motor vehicle accident.

Conclusion:-

If you are a pedestrian and have suffered injuries as a result of a motor vehicle accident for which you are not at fault, you may be entitled to claim compensation for your injuries and disabilities arising from the accident as our client has been able to achieve in this case.

In this case, our client was awarded a significant award of damages in compensation for his injuries and disabilities arising from the accident.

For a free no obligation consultation, please contact our toll free number 1800 004 878 so that an appointment can be arranged for you to attend to protect your legal rights arising out of any injuries, disabilities and losses that you may have suffered in a 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.