The last thing you’d expect when heading to and from work, running errands or taking a leisurely stroll is to be involved in a traffic accident. However, according to Transport for NSW’s Centre for Road Safety, it’s quite the common occurrence, with more than 1500 pedestrians being hit on NSW roads each year. So, if you happen to be a pedestrian involved in a motor vehicle accident, here’s what you should do:
The process is actually similar to an accident involving two motor vehicles whereby – if physically possible – yourself or anyone with you should trade information with the driver, including:
- Names, addresses and phone numbers
- Insurance details
- Details of the vehicle i.e., make, model, colour and license plate number
Also take record of the time and location, witness details if any, and take as many photos as possible, including ones of your injuries. If the police are involved, also take note of the event number.
Even if you have very minor injuries, it’s important to see a doctor to get a full medical assessment. This is due to the fact that some injuries can worsen over time, and if this were the case, you may need to take time off work as a result.
If you’ve been seriously injured and have been taken to a hospital, chances are, the police would’ve been at the scene – in which case, they’d be able to provide you with an incident report that details what you need, along with the event number. You can then lodge a claim with the insurer, but this needs to be done within three months of the accident.
What if I were at fault?
In many cases where a pedestrian has been hit by a car, the driver is at fault. However, there are instances where the pedestrian may have contributed to the accident, which is referred to as ‘contributory negligence’. This may occur when crossing the road illegally, using their phone and stepping onto the road unexpectedly, or when intoxicated and carelessly crossing the road, for instance.
If there is a finding of contributory negligence, you can still claim pedestrian accident compensation, however, it would result in a reduction in the damages you receive.
What if it were a hit & run?
The NSW CTP scheme allows for pedestrians who are injured in a hit & run accident to apply for compensation from the ‘Nominal Defendant’ – a government insurer – when the driver or vehicle can’t be identified. This compensation could cover things like the cost of hospital and treatment fees, economic loss, rehabilitation services, and pain and suffering afflictions.
Regardless of what kind of pedestrian accident you’ve been involved in, Taylor & Scott offers:
- A free case assessment at your preferred location, whether it be our offices, your home, or even the hospital.
- A no-win/no-fee policy, meaning if we don’t win your case, you don’t need to pay us.
- The best experts for your case, including medical practitioners and rehabilitation experts who can prove liability
So, if you think you may have a claim, get in touch with us today. We’ll help you get the compensation you deserve. Because at Taylor & Scott Lawyers, we care for you.