Do I Have a Pedestrian Accident Claim?

Your Rights as an Injured Pedestrian | Henry Carus and Associates

Pedestrians have the same right to TAC accident compensation as those injured in other types of transport accidents. Compensation through the Transportation Accident Commission is also available to the family members of individuals killed in transport-related pedestrian accidents.

Unfortunately, injured individuals and their families may face a number of obstacles to obtaining the benefits and other compensation they deserve. If you or a loved one has been injured in a transport accident while on foot, you need to hire a law firm experienced in pedestrian accident claims.

Henry Carus + Associates have extensive experience with TAC law and accident claims involving pedestrians. One of our principal skills is accident reconstruction, so that we can easily demonstrate how the driver of the vehicle was at fault for the accident. In order to do so, we focus on gathering all evidence about the accident ASAP after the accident happens and before the evidence is lost.

Contact us today for a free, no-obligation consultation in Melbourne or elsewhere in VIC.

When Are Pedestrian Accidents Covered by TAC?

You can file a TAC accident claim if you are injured in a collision with the following types of motor vehicles:

  • Cars
  • Motorcycles
  • Trucks
  • Buses
  • Trams
  • Trains

Pedestrians, drivers, and the occupants of motor vehicles are all eligible for compensation in the event of a transport accident. If you were injured while cycling, you can also file a bicycle accident claim with the TAC. Bicyclists are eligible for benefits for injuries sustained in collisions with moving and stationary vehicles (e.g., when a driver or passenger opens the door of a vehicle into the path of a bicyclist).

Is Fault Considered in Pedestrian Accident Claims?

To qualify for accident benefits, you do not have to prove that the driver was negligent in causing the pedestrian accident. The TAC is a “no-fault” insurance scheme, meaning none of the parties involved in the accident have to prove that someone else was at fault.

If you are seriously injured in a pedestrian accident, you may be able to recover common law compensation for pain and suffering and other damages. You must prove that the driver failed to use reasonable caution, and this failure resulted in the accident and your injuries. Therefore, you are required to prove fault if you pursue a common-law personal injury claim.

How Do I Make a Pedestrian Accident Claim?

Recovering compensation for your injuries in a pedestrian accident can be a lengthy and arduous process. The process begins at the scene of the accident, where you need to gather crucial information in support of your claim.

Some of the information the TAC requires in accident claims includes:

  • Where the accident occurred
  • Who was involved (be sure to get the name and registration information for the driver who hit you)
  • Information about the vehicle(s) involved
  • Name(s) and contact information for any witnesses to the accident
  • Name(s) of the police officer(s) who respond to the scene and where they are stationed
  • The injuries you have suffered
  • Name(s) and contact information for any medical professionals you have seen
  • Details about your employment and the wages you have lost if the accident rendered you unable to work for more than five days

You can lodge a TAC claim online or by phone. The TAC will review your claim within 21 days and make a decision whether to award you benefits or deny compensation.

Do I Need a Lawyer for a Pedestrian Accident Claim?

It is in your best interest to contact a lawyer as soon as possible for assistance with your pedestrian accident claim. An experienced lawyer can collect information and evidence on your behalf, assist you with lodging the TAC claim, and handle communications with the TAC representative for you.

One of the major advantages of hiring a lawyer to handle your pedestrian accident claim is qualified guidance on the compensation to which you may be entitled. You may be able to receive benefits beyond medical expenses and wage support, but the TAC typically does not inform claimants of the full range of compensation available.

Depending on the circumstances, you may also be eligible for:

  • Common-law compensation: If the driver of the motor vehicle was at fault for the pedestrian accident and you suffered a serious injury, you may be entitled to additional compensation through a common-law claim. Your injury or injuries must meet the legal definition of a “serious injury” to qualify.
  • Impairment benefit: If the degree of impairment from your pedestrian accident injury or injuries is determined to be greater than 10 percent, you may be entitled to a one-time lump-sum permanent impairment benefit. You will need to submit to an impairment assessment, a specialised medical evaluation designed to assess the permanent nature of your injuries, in order to qualify.
  • Death benefits: If a loved one dies in a pedestrian accident, surviving family members may be entitled to no-fault benefits for funeral expenses (including burial or cremation and travel for funeral services), family counselling, and support payments for dependent spouses and children.

Having an experienced lawyer on your side is also essential for navigating disputes with the TAC in your pedestrian accident claim. In the event that the TAC rejects your claim, underpays your benefits, and/or contests your claim for common-law compensation and impairment benefit payment, a knowledgeable lawyer can discuss your options for pursuing the benefits and other compensation you deserve.

Get Help with Your Pedestrian Accident Claim

The team at Henry Carus + Associates has extensive experience serving pedestrians and others injured in transport accidents throughout Victoria. We believe that You Deserve More, and we are not afraid to fight on your behalf until you get the compensation you deserve.

Please call 03 9001 1318 today for a free, no-obligation case review. Henry Carus + Associates serve clients in pedestrian accident claims in Melbourne and other areas of VIC.

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