A pedestrian who was injured in a motor vehicle accident on 12 December 2013 whilst crossing the road and not looking before he was crossing and was subsequently struck by the other driver. The driver of the motor vehicle was able to successfully sue the other driver for compensation of his injuries.
The pedestrian had conceded to the police that he had not checked for oncoming vehicles when he crossed the road at the time.
The Insurer after having investigated the matter determined that the pedestrian was at fault and denied liability for the claim.
The pedestrian suffered quite a serious injury to his right knee which required an operation.
The pedestrian challenged the Insurers denial of liability and commenced proceedings in the Court for compensation for his injury, loss and damage from the motor vehicle accident.
In addition to pleading negligence, the pedestrian pleaded in the alternative that the other driver was at fault pursuant to the Blameless Accident Scheme within the definition of S7A of the Motor Accidents Compensations Act 1999 (NSW). The pedestrian claimed that his injury, loss and damage were caused as a result of the fault of the defendant driver and that, but for that fault, the pedestrian would not have suffered injury.
The CTP insurer despite denying liability with respect to the claim, paid for the pedestrian injury treatment expenses.
The pedestrian once his condition to his right knee had stabilized, was able to be medically examined and assessed so that we were able to claim for his past and future out of pocket expenses, past and future loss of wages, even though the CTP insurer had determined that he was at fault for the motor vehicle accident.
It was clear that the CTP insurer considered that the pedestrian was totally at fault but we were able to negotiate a substantial award in his favour, even though he had subsequently returned to work.
Therefore, if you are a pedestrian injured in a motor vehicle accident and your injuries and continuing symptoms affect your ability to return to work, you may be entitled to claim for past and future medical expenses, past and future loss of wages and possible an amount for pain and suffering by reason of your permanent disabled state.