Pedestrian Knocked Down – Liability Denied

Motor Accident Claim Delivery Driver Pedestrian Knocked Down


Our client was a delivery man going about his daily deliveries in Sydney. Tragically he was knocked down by a car and severely injured as he crossed a road making a delivery. In the accident he suffered a severe head injury as well as various orthopaedic injuries. Fortunately a passing doctor assisted our client; his life was saved but he spent several months in hospital and undergoing rehabilitation.

Following the lodgement of a motor accident claim form on the greenslip insurer of the vehicle that struck the pedestrian, the insurer denied liability stating that in their view, the pedestrian was 100% at fault and no liability rested with their insured. The pedestrian’s wife turned to the motor accident team at Taylor & Scott for expert advice. Simon Meigan, Partner and Accredited Specialist in Personal Injury, attended the client and his wife to discuss the case. Simon took very careful instructions and undertook to investigate the facts and circumstances of the accident. He explained that only by very careful and meticulous investigations of all the facts could he advise his client on the prospects of overturning the insurance company’s denial of liability.

Simon went about interviewing witnesses and obtaining statements as to what they saw. He was able to secure CCTV footage recording traffic movements on the road at the time of the accident. Armed with the CCTV footage, Simon then approached an expert in analysing such vision. The expert was able to calculate from the vision, the speed of the motor vehicle that had struck his client. As a result of this expert analysis, Simon was able to establish that the vehicle was travelling at a speed that was too fast in the circumstances. Armed with this expert opinion, Simon was able to launch a claim in the Court claiming damages for the injuries his client had suffered. Eventually the claim came to a settlement conference and Simon was able to get the insurance company to settle the claim on the basis that their insured driver was partly to blame for the accident.

Commenting on the case, Simon stated:

“When I first met with my client and his wife, they were very despondent because the insurance company blamed my client totally for the accident. By carefully analysing all the evidence available, including CCTV and retaining an expert traffic engineer, I was able to establish that the vehicle was travelling at speed and had thereby contributed to my client’s accident. We were able to reduce the defence of contributory negligence put up by the insurance company and eventually obtain fair compensation for my client”.

If you or anyone you know are injured in circumstances where the insurance company denies liability, it pays to get expert advice from the motor accident team here at Taylor & Scott. If we take on your claim, we will do so on a no-win/no-pay basis, meaning you don’t pay Taylor & Scott any costs unless you win your case. Contact us on 1800 600 664 or by completing the contact form on this page. We will do everything we can to assist you or your loved one win fair compensation against the insurance company.

At Taylor & Scott “We Care For You”.

How can we help?