Can I file a motor vehicle accident claim as a pedestrian?

Motor vehicle accident claims in Queenslander cover a wide range of different scenarios, from typical vehicle collisions, to motorbike accidents, to accidents on a bus.

If you have been injured in a motor vehicle accident as a pedestrian — in other words, you were injured while being outside of a vehicle — you may still be entitled to claim compensation. 

What is a pedestrian accident claim? 

In Queensland, users of our roads and highways are protected in the event of someone being injured due to an accident. This obviously includes drivers and the passengers of vehicles, but also includes people outside of a vehicle – also known as pedestrians.  

Pedestrian accident claims include situations like: 

  • Hit by a vehicle while crossing at a pedestrian crossing. 
  • Hit by a vehicle while walking along a pavement. 
  • Injured by a moving vehicle in a driveway or suburban street.  

Essentially, if you have been injured by a vehicle through no fault of your own, you may be eligible to claim compensation.  

Can pedestrians be at fault in a motor vehicle accident? 

In the majority of pedestrian injuries, the driver in question is considered to be at fault. However, in certain scenarios, pedestrians may be considered to be at fault in a motor vehicle accident. 

If the pedestrian fails to exercise reasonable care and caution to avoid an accident, or breaks road rules, they may not be eligible for claim.  

Am I eligible to claim for a pedestrian accident? 

You may be eligible to claim if you were injured as a pedestrian through no fault of your own. As with all compensation claims, determining fault is central to understanding whether you have grounds for a claim.  

Let’s consider the two scenarios below.  

Scenario 1 

Aaron is walking through Brisbane CBD. He stops at a pedestrian crossing and waits for the green walking signal. As he walks across, he is hit by a car running a red light.  

In this scenario, Aaron has grounds for a claim, as the driver is considered to be at fault. The driver broke road rules by running a red light, while Aaron took reasonable care and caution to avoid an accident.  

Scenario 2 

Sam is heading home from a night out. She is intoxicated. She decides to take a short cut and run across a poorly lit road. She is hit by a driver who fails to see her crossing.  

In this scenario, Sam is considered to be at fault. She is intoxicated and crosses a road with poor lighting and fails to take reasonable care and caution to avoid an accident. She is unlikely to have grounds for an injury claim.  

How do I know if I am eligible? 

You may be eligible for a pedestrian accident claim if: 

  • you were injured on one of Queensland’s roads; and 
  • you were not considered to be at fault. 

The easiest way to find out if you have grounds for a case is to get in contact with Gouldson today for a free case review. One of our experienced pedestrian injury lawyers will assess the merits of your case and let you know whether filing a claim is in your best interests. 



Get specialised advice about your claim today, from one of our expert lawyers – totally free.

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