Pedestrian accidents can drastically impact your life, leaving you lacking the confidence to go about life like normal. Navigating physical or emotional distress, as well as medical bills, lost income and the legal process can feel overwhelming. Knowing how to choose a pedestrian accident attorney can add stress to an already difficult situation.
At Gordon Legal, we’re here to cut through the confusion, providing clear, accessible guidance so that you understand your rights and can confidently pursue the compensation you deserve to rebuild your life. Our “no win, no fee” approach makes our services accessible to those who need them most. Whether you need to file a pedestrian accident claim, or consult on what to do after a pedestrian accident, our team is here to guide you with integrity and experience.
Can a pedestrian accident lawyer help if I was partially at fault for the accident?
Yes, a pedestrian accident lawyer can still help even if you were partially at fault. In pedestrian accident cases, the degree of fault may be shared between the pedestrian and the other party involved, such as a driver. Australian law generally allows for what is known as “contributory negligence,” which means you may still be eligible for compensation, even if you played a role in the accident.
- Shared Liability: If you were partly responsible for the accident, your compensation might be reduced by your percentage of fault but you still may find yourself entitled to some compensation.
- Legal Guidance: An experienced pedestrian injury lawyer can assess the details of your case, gather evidence, and negotiate to ensure that your partial fault doesn’t overly impact the compensation you deserve.
- Maximising Your Claim: By working with an accident liability lawyer, you can better understand your rights and protect yourself against any attempts to unfairly shift blame onto you.
At Gordon Legal, we understand that accidents are rarely clear-cut and work to get you fair results in every case. Don’t be deterred, even if you think you are partially at fault, get in contact with our team of professionals for a no obligation consultation.
Do all pedestrian accident cases go to trial?
Most pedestrian accident cases are resolved through settlement and do not go to trial. Factors such as the accident’s complexity, the level of cooperation from insurance companies, and the strength of your claim typically determine whether a case will require a trial.
At Gordon Legal, we prioritize reaching a fair settlement before going to court, aiming to save you time and reduce the stress involved in lengthy legal proceedings. A well-negotiated settlement can often provide the compensation you deserve without the need for a trial.
However, if a fair settlement cannot be achieved, taking the case to trial may be necessary. In this scenario, a judge will determine fault and decide on appropriate compensation. In some cases your lawyer can represent you in court, advocating on your behalf and use their expertise to present a compelling case.
With experienced pedestrian accident lawyers by your side, you are more likely to secure a favorable outcome, whether through negotiation or, if required, in the courtroom. At Gordon Legal, we are prepared to support you at every stage, whether through settlement discussions or legal representation in court. Our “no win, no fee” approach means you won’t incur any fees unless we secure results for you.
How can a pedestrian accident lawyer help with dealing with insurance companies?
Dealing with insurance companies after a pedestrian accident can be challenging. Insurance companies often prioritise their profits, which can lead to lower initial settlement offers and not giving you the compensation you may be entitled to. A skilled pedestrian accident lawyer can help in several ways:
- Handle Negotiations: Your lawyer will communicate directly with the insurance adjusters, presenting your case and negotiating to achieve the maximum possible settlement.
- Counter Unfair Offers: Insurance companies may initially offer compensation that doesn’t fully cover your losses. An experienced traffic accident attorney can assess these offers and negotiate for a fairer settlement.
- Protect Against Tactics: Insurance companies may use various tactics to devalue claims. Your lawyer can protect you from these tactics, ensuring your rights are upheld and helping you get the compensation you deserve.
With Gordon Legal’s expertise, we take the stress out of dealing with insurers, providing clear compensation claim advice and handling all aspects of your case.
What should I avoid doing after a pedestrian accident to protect my case?
To protect your case and improve your chances of receiving fair compensation, there are a few actions you should avoid after a pedestrian accident:
- Don’t Admit Fault: Whether at the scene or when speaking to insurers, avoid making statements that could be interpreted as admitting fault. Leave liability assessments to the experts. This includes any social media posts about the accident that could undermine your claim.
- Throw out or delete any evidence to support your claim: Make sure you back up photos of any injuries or damages and keep these as record, you never know how these may help support your claim in the future.
- Avoid Directly Dealing with the Other Party’s Insurance: Let your pedestrian injury lawyer handle these discussions to avoid agreeing to a settlement that’s lower than what you deserve. It will also reduce any stress or pressure you may feel to accept what they are offering you.
- Don’t Skip Medical Treatment: Always seek medical treatment after an accident, even if injuries seem minor. Medical records are essential for documenting your injuries and their impact on your life.
By keeping these points in mind and consulting a car accident lawyer, you can better protect your legal rights and your chances for compensation.
What is the statute of limitations for pedestrian accident cases?
The statute of limitations for pedestrian accident claims in Australia varies by state but is typically three years from the date of the accident. It’s essential to act promptly to preserve your right to seek compensation.
- Time Limits Vary: Depending on where your accident happened, the timeline may be different. A lawyer can clarify the statute of limitations specific to your location and situation.
- Filing Before the Deadline: Starting your pedestrian accident lawsuit early allows your lawyer to gather evidence and build a strong case.
In some cases, there may be exceptions or extensions for the statute of limitations, such as for individuals who were minors at the time of the accident or those who suffered a delayed diagnosis of injuries.
At Gordon Legal, our accident lawyer consultation team ensures that you understand the deadlines for your case. Our injury law partners provide clear guidance, so you never have to worry about missing critical time limits.
At Gordon Legal, we bring compassion and expertise to every case. Our “no win, no fee” approach makes our services accessible to those who need them most. Whether you need to file a pedestrian accident claim, or consult on what to do after a pedestrian accident, our team is here to guide you with integrity and experience.
With a skilled, compassionate team that includes some of the best lawyers for pedestrians hit by cars, Gordon Legal is ready to help you move forward confidently. Contact us for expert advice and the support you deserve.
Had a pedestrian accident and or need a lawyer for a hit and run accident? Get in touch. We’ve got a highly skilled and experienced team of lawyers specialising in pedestrian legal rights.
For more information or to chat with a pedestrian accident expert, please contact us via our website or call Gordon Legal at 03 9603 3000.
No win, no fee
Help when you need it most without the added stress of upfront legal fees engaging a
no win, no fee lawyer. When you need legal help, understandably, the first thing people often think is ‘can I afford it?’To address this, our Senior Partner, Peter Gordon and Partner, Paul Henderson pioneered the ‘no win, no fee’ system to create greater access to the legal system.