Examples of where a pedestrian might be injured are:
- A car failing to give way on a pedestrian crossing.
- A car failing to give way to a pedestrian crossing a road.
- A car or cars losing control and striking a pedestrian.
- At home or the garage, reversing into a pedestrian.
Given the nature of an accident where a pedestrian is struck by a motor vehicle, the victim often sustains serious and complex injuries and it is not unusual to suffer a trauma response. Being injured as a pedestrian can be frightening, traumatic and can have lifelong consequences. A lawyer will work with you through this uncertain time.
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What steps should I take if I was a pedestrian in a car accident?
There are some basic general steps that should be taken if you are a pedestrian injured in a car accident:
- The first priority is seeking medical attention. If you have sustained an injury it is important that you seek medical attention and get the appropriate advice and treatment. It is important that you report all symptoms to the Doctor so that they can properly treat you.
- Record The Details make a note of the date, time, place of the accident. Record any details of other people involved in the accident, their registration number, name, address, phone number will all be required. If there are witnesses, also take a note of their contact details. If you can take photos of the accident scene, and any damage, that will also be helpful.
- Report the accident to the Queensland Police Service. Where an injury is suffered, it is a requirement that the accident be reported to Queensland Police who will make a report and issue you with a Traffic Incident Number (TIN). You must report the car accident either:
- online
- phoning Policelink 131 444, or
- at your local police station.
- Your lawyer will ask you for the TIN and details of where and when you reported the accident. If you have contacted a lawyer before reporting the accident to the police, the lawyer will likely assist you in making the report.
- Lodge a Notice of Accident Claim Form with the insurer on the earlier of 1 month from consulting a lawyer or 9 months from the date of accident. A lawyer can help you prepare and lodge this claim form within the right insurer within the necessary time frames.
There are special rules where an unregistered vehicle or an unidentified vehicle is involved. In this case there is no CTP Insurer and much stricter and shorter time limits apply. There is a limit of 3 months to lodge the Notice of Accident Claim Form with the Nominal Defendant. The Nominal Defendant is a Government body who acts as the insurer in these matters. If you do not lodge the claim form in the 3 month period, it is possible to lodge it within 9 months along with a reasonable excuse for delay. After the 9-month period, if the Notice of Accident Claim Form is not lodged with the Nominal Defendant, the right to claim is lost, in legal terms this is called statute barred.
Lawyers who specialise in personal injury law are familiar with these laws relating to pedestrians and can take care of the necessary steps, claim forms, time frames, and gathering evidence, which allows you to then focus on your recovery and rehabilitation. We recommend speaking with a lawyer to fully understand your rights and obligations specific to your circumstances.
Do I have a valid claim if I was a pedestrian in a car accident?
Personal injury claim, CTP, Compulsory Third Party, compensation, compo, damages, reimbursement, and claim are all expressions you may have heard which can mean the same thing. Assessing if you have a valid claim as an injured pedestrian in Queensland will depend on where and how you were injured.
There are laws set out in legislation as well as case law from the Courts which establish who can claim compensation, how to go about making a claim, and how claims will be assessed (put into a dollar value sum).
If you were a pedestrian and have sustained an injury caused in relation to a car accident in Queensland and you are within the legal time frames, you may be entitled to make a claim for compensation and have a valid claim.
In assessing if you have a valid claim, lawyers will examine:
- Location – to have a valid injury claim in Queensland the accident has to have occurred in Queensland.
- Time limits – lawyers will establish when the accident occurred and if you are within those important time frames to make a claim. In some cases, if you are outside those important time frames, there may be special circumstances in which the deadline can be extended.
- Fault – the identity of the person who caused the accident, that is the negligent party. The party at fault may have been careless, failed to stop, drove without due care and attention, the at fault party may even be unidentified, in the case of a hit and run.
- Injury – a claim is to compensate you for any injuries you have suffered and any losses incurred as a result of the injuries sustained. Your lawyer will gather evidence about the injury, the likelihood of recovery or ongoing issues as well as the impact of the injury on your ability to work and care for yourself.
A lawyer can examine the matters listed above and make an assessment as to whether they believe you have a valid claim for being injured as a pedestrian in a car accident.
How much is my claim worth
If I was a pedestrian in a car accident?
When someone is injured as a pedestrian in a car accident it can create such a time of uncertainty in many aspects of life. Questions like, will you recover, what treatment will you need, can you return to work, how long will you be without income or receiving reduced income can all be overwhelming. It is therefore natural to want to know how much money you will be awarded for your claim.
Unfortunately, there is no way to give you a certain answer on how much compensation you will get for your injury. How much a claim will settle for will depend on the unique circumstances of each case.
Once a settlement is reached in a pedestrian accident claim it is called a once and for all settlement. This means it is final and you can not come back seeking further compensation relating to that matter at a later time. Therefore, it is important that all losses and, as best as you can predict, future losses be taken into account when you reach a settlement. In assessing past and future losses it is important that your injury is stable, that means it has reached the maximum medical improvement, a simpler term for this is that the injury has stabilised, it isn’t getting better and isn’t getting worse. If you are seeking legal advice before your injury has stabilised and been medically assessed, lawyers have no way of knowing the long term impact of the injury and will not be in a position to give you that specific advice about the dollar value of the claim.
During a claim, lawyers will gather evidence about the impact of the injury and the associated financial losses and future losses and any expenses likely to be incurred. Each case is unique and must be assessed looking at that set of circumstances. Once they have this evidence, they will then be in a position to give you very specific advice about how much you would likely be awarded in compensation by a court.
A common question people have when contemplating making a claim for compensation is whether it is financially worth pursuing. There are two aspects to this, assuming you have a right to make a claim:
- Will you be awarded a sum of money large enough to justify your efforts (in time and emotionally) and;
- Will there be anything left for you after the lawyers and any Government refunds are paid?
It is common for lawyers to offer an obligation-free assessment to look at exactly this issue. While all the medical evidence might not be available at this time and the lawyers can’t give you specific advice, they can make an assessment based on their experience as to whether it is worth pursuing. The lawyers will take your instructions and gather information about the circumstances of the accident, including: your injury, cost of treatment, medical prognosis, and the impact of the injury on your ability to work. This information will help the lawyer assess the merits of your case and whether it is one worth pursuing. The lawyers will want to be reasonably confident that your case is worth pursuing before they offer you a no win no fee agreement/ arrangement. It is then up to you whether you proceed or not or whether you seek a second opinion from another lawyer.
Are there time limits to make a claim as a pedestrian in a car accident?
The date you are injured is a very important piece of information your lawyer will want to establish as soon as possible so that they can advise you of any important time limits that will apply to your claim. Time limits create a deadline in which notices have to be given to insurers and court documents are to be filed with the Court. These timeframes are very important and missing them can result in you losing your right to make a claim.
It is recommended that you call a lawyer as soon as possible and get advice on what time limits will apply to your circumstances. Making a note and reminders of these dates is wise as the impact of missing the time limits could mean losing your entitlement to claim.
A Notice of Accident Claim Form must be lodged with the insurer on the earlier of 1 month from consulting a lawyer or 9 months from the date of accident. A lawyer can help you prepare and lodge this claim form within the right insurer and within necessary time frames.
There are special rules where an unregistered vehicle or an unidentified vehicle is involved. In this case there is no CTP Insurer and much stricter and shorter time limits apply. There is a limit of 3 months to lodge the Notice of Accident Claim Form with the Nominal Defendant. The Nominal Defendant is a Government body who acts as the insurer in these matters. If you do not lodge the claim form in the 3 month period, it is possible to lodge it within 9 months along with a reasonable excuse for delay. After the 9 month period, if the Notice of Accident Claim Form is not lodged with the Nominal Defendant, the right to claim is lost, in legal terms this is called statute barred.
In addition to the requirement to give a Notice of Accident Claim Form within the prescribed period, the courts in Queensland have a three year limit for you to file documents to protect your claim. If more than three years has lapsed since the accident, and you have not filed court documents it is likely you have lost your entitlement to claim. However, you should still seek legal advice to establish if there are grounds upon which an extension of time may be granted, although it is in very limited circumstances that the court will exercise their discretion to allow the claim to proceed.
We recommend contacting a lawyer and discussing the specific circumstances of your car accident so that you are properly advised and protected and do not lose any rights by missing any important time limits.
Page author
This page was written by Kathryn MacDonell, CEO at Trilby Misso Lawyers.
Kathryn’s journey in the legal field began in 2001 at Trilby Misso as an Article Clerk, leading to her official admission into the Supreme Court of Queensland in 2005. Her career at Trilby Misso saw her rise to the position of Principal Lawyer by 2011, where she was responsible for leading teams across the Sunshine Coast and Brisbane. Despite her management responsibilities, Kathryn remained dedicated to securing compensation for her clients, driven by a passion for assisting Queenslanders. Her legal acumen has been showcased in numerous challenging cases, with her making appearances in the District Court, Supreme Court, Court of Appeal, and even the High Court of Australia.
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