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Pedestrian Accident Claims

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PERSONAL INJURY SUSTAINED WHILST ON FOOT

If you sustain an injury or loss caused by the actions of another person whilst you are walking, jogging, or running, you may be entitled to compensation. At A & E Legal we can assist in the area of motor vehicle injuries.

What types of claims exist?

 Any action which constitutes negligence on the part of another person, for e.g.:

  • if the driver of a car causes it to collide into you;
  • if a person on a bicycle, skateboard or any other device used to propel someone on a road, cycle path or sidewalk collides into you;
  • stepping into or falling over an obstacle on a road, cycle path or sidewalk which should not have reasonably been there alternatively should have been properly cordoned off, for example an open manhole.

Who can I claim from?

  • If your accident was as a result of the negligent driving of a motor vehicle your claim will be against Insurance Commission of Western Australia (ICWA);
  • In all other circumstances public liability laws will cover you against the negligent actions of another person or institution.

What can I claim?

You can claim for all loss and damage suffered by you, i.e.:

  • past and future loss of earnings;
  • pain, suffering and loss of amenities of life;
  • past and future medical expenses;
  • hospitalisation expenses; and
  • home assistance.

Can I claim for damages if the accident was partly my fault?

The accident will be deemed to be partially your fault if, you for example:

  • are not visible at night and you are walking on an unlit roadway;
  • fail to keep a proper lookout or fail to avoid the incident with the exercise of reasonable care and caution;
  • you are intoxicated and your actions do not constitute that of the reasonable person.

So yes you can still claim but the amount of your claim will be reduced in accordance with your contributory negligence which is normally expressed as a percentage.

The content of this article is intended to provide a general guide to the subject matter. Specialist advice should be sought about your specific circumstances.

If your accident was as a result of the negligent driving of a motor vehicle your claim will be against ICWA

What should I do after an accident?

Immediately after you are in a position to do so:

  • report the matter to the police;
  • take photos of the scene;
  • obtain the names and contact particulars of all witnesses to the incident.
  • Contact A & E Legal.

Are there time limits?

There are strict time limits and normally, if you are an adult, you have 3 years from the date of your accident or from the date when you first noticed clinical signs of an injury.

Different time periods exist for children and we recommend that you contact us immediately.

Do I have to go to Court?

Most claims are settled without having to go to Court on trial. However, pre-trial conferences are held at the Court building in a more informal basis and we will be there to represent you through this process.

How long will it take and how much does it cost?

We will attempt to get through the claim procedure as quickly as possible by seeking the relevant expert medical advice from your doctors to ensure that your claim is settled at the right time. We will answer all your questions about legal costs at the first free consultation with you. However, in the event of a successful resolution of your claim, the person liable or their insurers will cover most of the costs.

Is the first consultation free?

The first consultation is free with no obligation on your part to proceed.

If you engage us, our experienced solicitors will submit a claim to either ICWA, if a motor vehicle caused your injuries, alternatively against the wrongdoer in accordance with Western Australian public liability laws. Our solicitors will fight for your rights and entitlements.

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