Street Smarts: Navigating Your Rights and Compensation After a Pedestrian Accident

Whilst walking the streets is typically a safe and everyday activity, unfortunately accidents do happen. When they do, understanding your legal rights and entitlements is crucial.

Pedestrian accidents can lead to serious injuries. This article is the helpful first step in your journey to compensation and will arm you with the knowledge you need to pursue a pedestrian injury claim.

Gordon Legal stands at the forefront of pedestrian accident compensation law, offering unparalleled commitment and excellency to our clients. If you or a loved one has been injured in a pedestrian accident, call our pedestrian accident and settlement lawyers on 03 9603 3000 for a free legal consultation.

Accident Compensation for Pedestrian Injury Claims: Am I Eligible?

In Victoria, the path to pedestrian accident compensation is twofold:

1. TAC Claims: Initiate a claim with the Transport Accident Commission (TAC) for no-fault compensation.
2. Common Law Claims: File a lawsuit against the responsible party for legal damages.

Understanding TAC Pedestrian Accident Compensation Eligibility

The TAC’s no-fault scheme is a safety net for all road users in Victoria. This means that any driver or passenger,[1] public transport user, cyclist, or pedestrian who is involved in an accident resulting in an injury is likely to be eligible for compensation.

This scheme ensures that anyone who is injured on public roads can access compensation, even if you are at fault. This coverage extends to medical expenses, loss of income, and more, thus aiming to provide individuals financial stability during their recovery. A more detailed explanation of the types of compensation available from a TAC claim can be found in the article: What benefits are available if I make a TAC claim in Victoria?

There is an array of pedestrian accidents that may result in injuries. Whether you were injured whilst crossing the road, walking on a footpath, or even whilst providing first aid during a traumatic road accident, you may be covered. Pedestrians may also be eligible for compensation if they have suffered a mental injury (such as PTSD) whilst witnessing or responding to a traumatic incident.

Before Filing a TAC Claim:

• Hospitalisation: Verify with TAC if a claim was filed on your behalf post-hospitalisation (hospitals in Victoria often make TAC claims on a patient’s behalf immediately following a road accident).
• Physical injuries: Undertake a comprehensive medical evaluation with your GP to assess your injuries as soon as possible after the incident.
• Psychological trauma: Seek a diagnosis from a psychiatrist to support your claim for mental injuries.

How to Lodge a TAC Claim

You can begin the claims process yourself using the TAC’s online portal.

While the aftermath of a pedestrian accident can be distressing, understanding your rights and the available legal avenues can empower you to take the necessary steps towards recovery and compensation.

With Gordon Legal’s experienced pedestrian accident lawyers by your side, you can navigate the pedestrian claims process and lodge a TAC claim confidently, thus securing the compensation you deserve. Our no-win-no-fee policy ensures you receive expert advice without upfront costs. Contact us at Gordon Legal today online or call 03 9603 3000.

The Path to Common Law Claims: Your Legal Right to Compensation

Beyond the no-fault compensation offered by TAC, you may have the option to pursue a common law claim for damages. This is where the expertise of a pedestrian accident lawyer becomes truly invaluable.

What is a Common Law Claim?

Typically, a pedestrian who has been seriously injured by the reckless or negligent actions of another person is entitled to lodge a common law claim of negligence. Building your case for such a claim is a complex legal process that requires the suer (aka the plaintiff) to prove:

• A duty of care: A duty of care must exist between the two or more parties involved in the accident, and this duty must have been breached. For example, road-users have a duty of care to other road-users to transit in a reasonably safe manner, however driving whilst intoxicated may breach this duty of care.
• Causation: The injury must have been caused by the other party or parties (the respondent).
• Serious injury: The injury in question must be serious in nature according to a specific legal definition.

Please note, the above should not be interpreted as legal advice. This list is a high-level outline of some of the elements required to have a successful common law claim. It is only with the help of an experienced legal representative that you can properly progress a claim of this nature.

The Role of a Pedestrian Accident Lawyer in Common Law Claims

It is strongly recommended that you seek legal representation from an experienced attorney (lawyer) to pursue a claim of negligence. This area of the law is complex, with seemingly minor details within the facts of the case often determining the amount of compensation you are entitled to receive.

At Gordon Legal, our experienced road accident lawyers will guide you through every step of the process. From gathering evidence to negotiating settlements, our seasoned legal experts will ensure your case is presented correctly and compellingly.

We understand that every case is personal, and we are committed to fighting for the compensation you deserve. Contact us today on 03 9603 3000 for a free initial consultation with one of our pedestrian accident lawyers.