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Pedestrian Accident Lawyers: Protecting your Rights after being Injured as a Pedestrian.
Pedestrian Accident Lawyers: Protecting your Rights after being Injured as a Pedestrian.




Pedestrian Accident Lawyers: Protecting your Rights after being Injured as a Pedestrian
If you’ve been injured in a pedestrian accident, you may be entitled to compensation for pedestrian injury to cover medical costs, lost income, pain and suffering, and more. Seeking guidance from Gordon Legal’s team of injury claim lawyers can help you navigate the compensation claims process in Australia.
A lawyer for a pedestrian accident is important to provide you with the legal support to maximise your claim. If you’re unsure about your next steps, speaking with a personal injury lawyer or traffic accident lawyer at Gordon Legal, can help you access the compensation you deserve.
Gordon Legal is here to help. Our experienced injury claim lawyers can guide you through the compensation claims process. Call us on 03 9603 3000 or submit an online enquiry to begin your journey in accessing your entitlements.
Understanding Your Legal Rights as a Pedestrian in Australia
Pedestrians have important legal rights designed to protect them on the roads. If you have been injured in a pedestrian accident, you may be entitled to compensation under the Transport Accident Commission. This may include:
- Medical and related expenses
- Loss of income
- Lump sum impairment
- Pain and suffering damages
- Death or dependency claim.
The TAC provides support to injured pedestrians in Victoria. Information about how to lodge a TAC claim can be found here. A personal injury lawyer or injury solicitor can help you understand your rights and guide you in accessing compensation for your pedestrian injury.
If your injuries are serious, you may have the right to pursue a common law claim against the other driver for negligence. Common law claims can be difficult to navigate and are complex in nature.
It is strongly recommended that you seek the expertise of an experienced road accident lawyer to pursue a claim of negligence as a pedestrian. Further information surrounding your entitlements as a pedestrian can be accessed here.
At Gordon Legal, our pedestrian accident lawyers can guide you through your injury claim and help you secure the compensation you deserve. Call us on 03 9603 3000 or submit an online enquiry today.
Obtaining a Police Report for Your Pedestrian Accident
A police report is a vital piece of evidence in any pedestrian injury claim, following a pedestrian accident. It provides an official record of the incident and is important in supporting your claim as it serves as an unbiased report of the accident.
To obtain a police report, follow these steps:
- Report the accident – if police attended the scene, you can skip this step. If not, visit your local station or report the accident online as soon as possible. It is recommended to make a police report within 28 days of the accident.
- Request a report number – if the police attended, they will provide a reference number. If not, this number can also be obtained by contacting your local police station. A police report number is useful in demonstrating proof that a police report was filed.
- Seek legal advice – a lawyer for a pedestrian accident can use the police report to strengthen your personal injury claim and assist you in accessing your entitlements.
A police report includes:
- Accident location
- Names and details of parties
- Date and time of accident
- Details of vehicle registration
- Whether injuries were sustained
- Witness statements
- Extent of vehicle damage
At Gordon Legal, our traffic accident lawyers will be by your side every step of the way throughout the compensation claims process. Contact us on 03 9603 3000 today.
What to Do If the Driver Denies Responsibility
If the driver denies responsibility for your pedestrian accident, you can still access compensation for pedestrian injury through the TAC. This compensation scheme operates on a no-fault basis, meaning you can receive benefits and entitlements regardless of who caused the accident.
Entitlements that fall under the no-fault scheme include medical and like compensation, loss of income payments, permanent impairment lump sum payment, and more.
Despite the no-fault scheme, it is still important to collect as much evidence as possible such as medical records, filing a police report, and witness details. This allows you to be prepared for the possibility of pursuing a common law claim, which will be explained further into this article.
Our injury claim lawyers at Gordon Legal have expertise in pedestrian road accidents, and can support you in understanding your legal rights under the no-fault scheme.
Contact us on 03 9603 3000 or submit an online enquiry, if you seek further clarification surrounding whether you are entitled to compensation under the no-fault scheme.
Proving Driver Negligence in a Pedestrian Accident Claim
Proving driver negligence when pursuing a common law claim is a necessary element to its success. A common law claim in the road accident context, is where an individual files a lawsuit against the negligent driver.
Unlike standard injury claims under the no-fault scheme, a common law claim requires proving that:
- the driver failed to take reasonable care,
- caused an accident to occur, and
- therefore, resulted in your serious injuries.
To establish that the driver was negligent, the following evidence can be used to support a determination of liability:
- Police report – if the driver was speeding, distracted, or didn’t follow traffic signals, this will be recorded in the report and can assist in proving driver negligence.
- Witness statements – witness statements can provide context as to how the accident occurred, from a third party who was not involved in the accident.
- CCTV or dashcam footage – video evidence, if able to be obtained, can be extremely useful in identifying the negligent actions that caused the accident to occur.
- Traffic offences – if the driver was charged with a serious offence, this is a strong indicator that they were the negligent party in the road accident.
- Medical records – medical documentation can indicate the severity of the accident’s impact.
Gordon Legal’s pedestrian accident claim lawyers can help gather and present this evidence in the pursuit of a common law claim. To get the compensation you deserve, call 03 9603 3000 today.
Claiming Compensation If You Were at Fault as a Pedestrian
Regardless of whether you were partially or fully at fault for a pedestrian accident, you may still be entitled to compensation for pedestrian injury under the no-fault scheme provided by the TAC.
If you were injured while crossing against a red light, walking distracted, or stepping onto the road unexpectedly, you can still lodge an injury claim for:
- Medical and like compensation
- Loss of income payments
- Permanent impairment lump sum payment, and more.
If you are a pedestrian at fault for a road accident, it is still crucial to report the accident, seek medical attention, and obtain legal advice. Gordon Legal’s traffic accident lawyers can provide you with necessary legal advice to advance your injury claim.
Call Gordon Legal on 03 9603 3000 to make the first step in accessing your entitlements today.

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