A pedestrian accident claim is a legal claim made by a person who has been injured while walking, jogging, or otherwise using public spaces as a pedestrian.
If your injuries were caused by someone else's negligence, such as a driver failing to take reasonable care, you may be entitled to compensation for things such as medical treatment, lost income, rehabilitation costs, and the impact the injury has had on your life.
Every accident is different. Understanding your rights early can help you access support and compensation. Our team of dedicated road accident lawyers is here to listen to your story and provide expert legal assistance and support.
Pedestrians have the right to use roads, footpaths, and public spaces safely. If you've been injured because another person failed to take reasonable care, you may have a right to make a compensation claim.
Importantly, even if you think you may have contributed to the accident, you should not assume you have no case. Many people are still entitled to compensation even where their actions form part of the circumstances leading to an accident.
Certain situations may affect your claim, but they do not automatically stop you from seeking compensation, as each case depends on its own circumstances. You may be found partly or fully responsible if you were:
Rather than assuming you are not entitled to compensation, seek legal advice. A lawyer can help you understand your rights and the strength of your claim.
Each state and territory has its own compulsory third party or transport accident scheme, regulator, notification requirements, and legal time limits. The table below provides a general summary only. Different deadlines may apply depending on the type of claim and the circumstances of the injury. Because the rules can differ significantly by jurisdiction, it is worth getting advice specific to where your accident happened before you rely on anything general you have read, including this page. If you are not sure which scheme applies to your accident, our free road injury claim check can help you find out in a few minutes.
State/territory | Scheme and regulator | Fault basis | Time limit to notify |
Victoria | Transport Accident Commission (TAC), under the Transport Accident Act 1986 (Vic) | No-fault statutory benefits available regardless of fault and Fault-based or common law claims | 12 months from the date of the accident (the TAC has discretion to extend this to 3 years in very limited circumstances) |
New South Wales | Compulsory Third Party (CTP), regulated by the State Insurance Regulatory Authority (SIRA) under the Motor Accident Injuries Act 2017 (NSW) | Fault-based, with no-fault statutory benefits available regardless of fault | |
Queensland | CTP, regulated by the Motor Accident Insurance Commission (MAIC) under the Motor Accident Insurance Act 1994 (Qld) | Fault-based (no-fault cover for catastrophic injury under the National Injury Insurance Scheme Queensland) | 9 months to lodge notice, 3 months if the vehicle is unidentified via the Nominal Defendant, 3 years to start court proceedings |
South Australia | CTP, regulated by the CTP Insurance Regulator under the Motor Vehicles Act 1959 (SA) | Fault-based (a no-fault Lifetime Support Scheme applies to catastrophic injury) | 6 months to lodge an Injury Claim Form |
Western Australia | CTP, administered by the Insurance Commission of Western Australia (ICWA) under the Motor Vehicle (Third Party Insurance) Act 1943 (WA) | Fault-based | Notify ICWA as soon as possible, and no later than 6 months to avoid late notification issues. Court proceedings generally must be commenced within 3 years of the accident date (limitation period). |
Tasmania | Motor Accidents Insurance Board (MAIB), under the Motor Accidents (Liabilities and Compensation) Act 1973 (Tas) | No-fault | 12 months from the accident (3 months if the vehicle is unidentified) |
Australian Capital Territory | CTP, regulated by the ACT Compulsory Third-Party Regulator | Fault-based, with limited no-fault medical cover while fault is being determined | 28 days, or 3 months if the at-fault party is known, with written notice to the insurer within 9 months |
Northern Territory | Territory Insurance Office (TIO), a no-fault scheme | No-fault | 6 months, may be extended to 3 years |
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The aftermath of an accident can be confusing and stressful. Your safety and wellbeing should always be your priority. In addition, taking a few practical steps can help protect your health and support any future claim, and put you on the best path forward to recovery. Consider the following:
Your health should always be the priority. Even if your injuries seem minor, it's important to see a medical professional as soon as possible.
Some injuries are not immediately obvious and can worsen over time. Early treatment can support your recovery and create an important record of your injuries.
If it is safe to do so, try to record details about the accident, including:
If you are unable to collect this information yourself, a family member, friend, or witness may be able to help.
Witnesses can play an important role in helping establish what happened. If possible, collect their contact details so they can be contacted later if needed.
Reporting the accident creates an official record of what happened and may assist with any future claim. If you are unable to make a report immediately because of your injuries, this can often be done later.
Some schemes, like the TAC in Victoria, will need a police report to be lodged before a TAC claim can be made.
Good documentation can make a significant difference when pursuing a claim. Where possible, keep copies of:
It can also be helpful to write down your own recollection of what happened while the details are still fresh in your mind.
If CCTV footage may exist, such as footage from nearby businesses or public cameras, this may be available through police investigations or other requests.
The more information available about the accident and your injuries, the easier it may be to demonstrate how the incident has affected your life.
If you've been injured in a pedestrian accident, you don't have to navigate the claims process on your own.
We understand the challenges that can follow being injured on our roads as a pedestrian. Our experienced road injury lawyers can explain your rights, answer your questions, and help you pursue the compensation and support you're entitled to.
We offer No Win, No Fee arrangements for many pedestrian accident claims, so you can access legal advice without worrying about upfront legal costs.
Contact us today for a free claim assessment and find out how we can support you through every step of the process.
No. You do not need to be on a marked crossing to make a compensation claim. Drivers owe a duty of care to pedestrians regardless of where a collision occurs.
However, if you were crossing outside a designated crossing or crossing point, it may affect how responsibility for the accident is assessed. In some cases, this may reduce the compensation you receive or prevent compensation from being awarded.
If the driver who caused the accident cannot be identified, or the vehicle was uninsured or unregistered, you may still be able to claim compensation.
Most states and territories have schemes that support people injured by unidentified or uninsured vehicles, although the rules and time limits vary. Reporting the accident to police as soon as possible and taking steps to identify the vehicle can help protect your rights.
A lawyer can explain the options available in your state or territory and help you navigate the claims process.
Yes. Being partly responsible for an accident does not automatically prevent you from making a claim.
In a common law claim, you may still be entitled to compensation if another party was also negligent. However, contributory negligence may be taken into account, and compensation may be reduced to reflect your level of responsibility for the accident.
There is no standard payout for a pedestrian accident claim. The amount of compensation available will depend on factors including:
An experienced lawyer can provide advice based on the specific circumstances of your claim.
Who pays compensation will depend on the circumstances of the accident and the laws that apply in the state or territory where the incident occurred.
In many cases involving a motor vehicle, compensation is paid through a compulsory third party (CTP) or motor accident insurance scheme rather than by the driver personally. Some jurisdictions also have statutory injury schemes that provide benefits regardless of who was at fault, such as TAC in Victoria.
A lawyer can explain how the relevant compensation scheme applies to your situation.
Strict time limits apply to pedestrian accident claims across Australia, but the specific deadlines vary between states and territories. Different time limits may apply depending on factors such as:
Missing a deadline can affect, or even prevent, your entitlement to compensation. It’s best to seek legal advice as soon as possible after an accident.
Not always. Different limitation periods may apply to children injured in pedestrian accidents. For example, in Western Australia, an injured adult will generally need to commence legal proceedings within three years of the accident, whereas a child may have up to six years.
If a child has been injured, it’s important to obtain legal advice early to understand the relevant deadlines and any court requirements that may apply before a settlement can be finalised.
Possibly. The options available will depend on the circumstances of the accident and the laws in the state or territory where it occurred.
Unlike motor vehicles, bicycles and e-scooters are generally not covered by compulsory third party insurance schemes. However, you may still be able to pursue compensation through another avenue, such as a public liability claim or a claim against an insurance policy held by the rider or another responsible party.
A lawyer can assess your situation and advise on the most appropriate pathway.
You do not need a lawyer to make a pedestrian accident claim. However, many people choose to seek legal advice to better understand their rights and ensure their claim is properly prepared.
A lawyer can help gather evidence, deal with insurers, explain time limits and assess the full extent of your losses. This can be particularly valuable where injuries are serious or liability is disputed.
Take the first step towards justice and support. Our team of dedicated road accident lawyers is here to listen to your story and provide expert legal assistance and support.
Contact us today for a confidential, no-obligation consultation.
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