What Are Pedestrian Rights in Road Accidents and Injury Claims


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When you’ve been injured, lodging claims and paperwork only makes things worse. At Carbone Lawyers, we manage the whole process so you can just focus on your recovery.

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Our no win, no fee policy means that most personal injury claims have no upfront fees.

At Carbone Lawyers, we’ve built a reputation for excellence in personal injury law, particularly in cases involving pedestrian road accidents. Our team is well-versed in the intricacies of the law and empathetic to the emotional strain such incidents can place on individuals and their loved ones. Our credibility, proficiency, and reliability have been honed over years of dedicated service to our clients.

Understanding Pedestrian Rights and Road Rules

In Victoria, pedestrians are given certain legal protections due to their vulnerability on the road. The question often arises, do pedestrians have the right of way? The answer is a resounding yes. Drivers of all vehicles, be it cars, motorbikes, or even bicycles, are legally required to yield to pedestrians in most circumstances, such as when a pedestrian is crossing at a designated crossing, shared zones, or even when there is no designated crossing and your vehicle is turning onto an area with pedestrians.

Pedestrians also have obligations under the law. They must not create a traffic hazard by stepping into the path of a vehicle and should always use the most direct route when crossing the road.

The Aftermath of a Car Hitting a Pedestrian

When a car collides with a pedestrian, the results can be devastating. Physical injuries can vary from minor to critical, and the psychological impact can be profound. The law acknowledges these potential outcomes and provides mechanisms for pedestrians to seek compensation.

The Transport Accident Commission (TAC), a statutory authority in Victoria, offers compensation to individuals injured in transport accidents, including pedestrians struck by cars. This compensation can cover medical bills, loss of earnings, and in certain cases, pain and suffering

The Implications of a Cyclist Hitting a Pedestrian

Cyclists, much like drivers, owe a duty of care to pedestrians. If a cyclist collides with a pedestrian, they may be held accountable for any resulting injuries. The injured pedestrian may be eligible for compensation from the cyclist or their insurance provider.

It’s vital to remember that every situation is unique. The specifics of the accident, the severity of the injuries, and the actions of both parties will all contribute to determining liability and compensation.

The Consequences of a Motorbike Hitting a Pedestrian

Motorcycles, due to their speed and compact size, can cause significant damage when they come into contact with pedestrians. If a motorbike strikes a pedestrian, the pedestrian is entitled to pursue compensation for their injuries.

As with other road accidents, establishing liability can be intricate. It will depend on factors such as whether the pedestrian was obeying the road rules, whether the motorcyclist was exceeding the speed limit or driving recklessly, and the specific circumstances of the accident.

Navigating the Terrain of Compensation Claims

Lodging a compensation claim can be complex and intimidating. We possess the knowledge and experience at Carbone Lawyers to guide you through this journey. We understand the nuances of the law and will advocate fiercely to ensure you receive the compensation you are entitled to.

It’s crucial to act swiftly following an accident. There can be time restrictions for lodging a claim, and any delays can potentially affect the outcome of your action. We advise seeking legal counsel at the earliest opportunity.

The Experts in Road and Transport Accidents

Pedestrians have substantial rights when involved in road accidents in Victoria, to ensure compliance and safety on the road we strongly urge everyone to become acquainted with their local road safety guidelines. However, comprehending these rights and navigating the legal landscape can be challenging. We’re here to help, contact us or give us a call on 1800 369 888 to get the legal support you need.

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