When Can I Seek Pedestrian Injury Compensation?

When unexpected accidents happen, it can be hard to find your feet. If you or someone you know has been involved in an accident, you may be wondering whether you can seek pedestrian injury compensation. In this article, we’ll walk you through the process and break down some key things to keep in mind.

What is a pedestrian injury?

A pedestrian injury involves a collision between a person and a motor vehicle, bicycle or scooter. This can happen when you’re walking, jogging, or simply sitting in a public space. A pedestrian accident can be caused by a reversing car, intoxicated driver, missed pedestrian crossing, road construction areas, bad weather, or simply a distracted driver or cyclist.

Can I seek pedestrian injury compensation?

If you have been harmed as a pedestrian resulting from a collision with a motor vehicle, bicycle, or scooter in Queensland, you may be eligible for pedestrian injury compensation. Injured parties in a pedestrian accident could be entitled to lodge a personal injury claim.

How long after an injury can you claim compensation?

There are several deadlines when lodging a pedestrian injury claim, so we would recommend seeking legal advice as soon as possible after your accident. While this can be an emotionally and physically difficult time, it’s important to meet time limits otherwise you can lose your claim entitlement. Typically, you have 9 months from the date of the accident (or 1 month after contacting a lawyer) to start your claim—but a different time limit applies (3 months) for a claim against the Nominal Defendant.

What should I do if I’m in a pedestrian accident?

In the moment, it’s hard to think about following steps as you may be suffering shock or be physically unable to take action. If you are able, below is a quick checklist of steps that can help you gain a successful compensation claim.

  • Get medical attention
  • Take videos or photos of the accident site if you can
  • Don’t admit fault
  • Get the details of the other person involved in the accident
  • Ask for written witness statements from bystanders
  • Complete a police report

Whether you have or haven’t completed these steps, speak to an experienced pedestrian injury lawyer to find out if you’re eligible for a claim.

What if it’s a hit and run?

While it’s difficult to think that someone would flee the scene after hitting a pedestrian, unfortunately this does sometimes happen. If the vehicle does flee the scene, you could be entitled to a hit and run claim. In this case you may not have even been able to get the license plate or any defining information, but you may be able to seek pedestrian injury compensation through a claim against the Nominal Defendant. This is a statutory body that acts as an insurer for the unidentified vehicle. Claims against the Nominal Defendant must be lodged within 3 months of the accident so act urgently.

What factors affect how much I can claim?

The amount of pedestrian injury compensation relies on a lot of factors that your lawyer will guide you through. These can include:

  • Past and future medical and pharmaceutical expenses
  • Past and future rehabilitation expenses
  • Past and future loss of income and superannuation benefits
  • Out of pocket expenses relating to the accident
  • Past and future care and assistance

Book a free case review with a lawyer

Figuring out whether you’re eligible for pedestrian injury compensation can be confusing and stressful during an already difficult time. If you’re unsure whether you can make a claim, we’re here to help you with a free case review. There’s no fee or obligation, just honest advice and assistance from people who understand what your options are.


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

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