Pedestrian Accident CLAIMS
Let us get you the compensation you deserve
Have you been hit by a vehicle on the road?
If you’ve been involved in a road accident as a pedestrian, you may be able to claim compensation from the TAC regardless of who was at fault.
1: GET MEDICAL ATTENTION
Your priority is to seek medical attention from your doctor and report all injuries, no matter how minor they may seem.
Ask your doctor to complete a TAC medical certificate detailing all of your injuries, any limitations on your capacity to work and any treatment or services you may require for your injuries.
2: CALL THE TAC ON 1300 654 329 AND ASK TO MAKE A CLAIM.
Alternatively, you can call an expert pedestrian accident lawyer like Carbone Lawyers, and they will handle the whole process for you – No Win, No Fee.
Who can claim compensation, damages or benefits?
- Any pedestrian hit by a car or injured by a vehicle while walking near or crossing a road. This includes cars, vans, trucks, motorcycles, scooters and public transport vehicles.
- Any pedestrian injured by a vehicle while walking or standing on a footpath.
Injuries that are covered by compensation
A road accident is traumatic and stressful for the people directly involved and their loved ones. Injuries can be physical and psychological, and some can have a long-term impact on the quality of life. These include injuries such as:
- Spinal cord injuries
- Whiplash injuries to the head, face, neck, shoulders or back
- Numbness or pins and needles
- Lower back injury and sciatica
- Broken or fractured bones
- Brain injuries
- Soft tissue injuries
- Shock and psychological trauma
- Scarring
What compensation for injured pedestrians may cover?
- Doctor, hospital and ambulance fees and pharmaceuticals
- Rehabilitation and disability services
- Help to return to work or re-training
- Home and vehicle modifications
- Home help services like child care, cleaning, gardening and school tutoring
- Psychology and family counselling
- The cost of travel to and from medical appointments
- Travelling and accommodation expenses for a spouse / dependent children in certain circumstances
- Funeral expenses
- If your injury is severe and permanent, you may be entitled to compensation for pain, suffering, and permanent impairment.
Common law rights
In addition to your right to claim ‘No Fault Benefits,’ you may also be entitled to claim damages at common law. Damages include compensation for your pain and suffering, loss of enjoyment of life, and past and future loss of earnings.
The common law entitles you to claim damages if you can establish that:
- You have a ‘serious injury’ within the meaning of the law, and
- The accident was due to another party’s negligence or fault (at least in part).
Serious Injury
Before you can bring a common law claim, you must first satisfy the TAC or a Judge of the County Court of Victoria that you have suffered a ‘serious injury’. The Transport Accident Act defines serious injury as:
1. An impairment assessment of 30% or more made by the TAC or VCAT;
or
2. The TAC or a Judge of the County Court of Victoria grants you a ‘Serious Injury Certificate’ on the basis you have:
a) serious long-term impairment or loss of a body function (physical injury); or
b) permanent serious disfigurement (scarring); or
c) severe long-term mental or severe long-term behavioural disturbance or disorder (psychiatric or psychological injury); or
d) loss of a foetus.
Either or both an inability to perform your normal occupation (if applicable) and/or restrictions in your ability to carry out social and domestic activities are considered when determining whether your injuries are deemed to be serious.
Determining whether you fit within one or more of these categories requires a detailed analysis of the medical evidence in your case. Carbone Lawyers can guide you through this process from start to finish.
Time Limit
You have six years from the date of your injury to commence a serious injury application/common law claim by lodging a Serious Injury Application with the TAC.
See TAC Claims for more details.
We understand that if you are suffering from the trauma and pain of an accident, making a compensation claim may seem overwhelming or intimidating. Carbone Lawyers has experienced pedestrian injury lawyers who can handle every aspect of your claim and get you the compensation you deserve. And remember, our No Win, No Fee policy means no risk to you.
Suffered Another Type Of Accident?
FAQs for Pedestrians in Accidents
Who pays for compensation in pedestrian accidents?
Compensation in pedestrian accidents will depend on the other party, the circumstances of the accident, and the damages incurred. For injury-related expenses, compensation is claimable from Victoria’s Transport Accident Commission (TAC), a state government-owned organisation that supports people injured in transport accidents through compulsory third-party insurance.
Who’s at fault in a pedestrian accident?
Victoria’s road safety laws generally favour the rights of pedestrians as the more vulnerable party in most accidents, though there are some instances where the pedestrian may be at least partly at fault in an accident when:
- They’re intoxicated
- They’re recklessly or illegally crossing
- They’re dangerously not easily visible to the vehicle in question
Either way, if you are unsure, contact the experts at Carbone Lawyers for an obligation-free discussion.
What pedestrian accidents are covered by TAC?
Regardless of who is at fault, you may be entitled to compensation if you’ve been in an accident involving a pedestrian and a vehicle. TAC is a no-fault insurance scheme in Victoria providing all those injured in an accident involving a vehicle in Victoria with compensation for expenses relating to their injury. Notably, Victorian law does not consider electric scooters under 25 kph to be motor vehicles so accidents involving only these and pedestrians will not qualify for TAC claims. There may be other insurance coverage though, so you should still contact the experts at Carbone Lawyers for a confidential discussion.
What happens if a pedestrian is the victim of a hit-and-run accident?
Hit-and-run accidents for pedestrians can be particularly disorienting, although the TAC will in most instances still provide compensation for the victim absent an identified damaging party, provided you can prove you were injured in an accident involving a motor vehicle. This added complexity can be difficult to navigate after such a traumatic event, thankfully the experts at Carbone Lawyers operate on a no-win, no-fee basis to help ensure you get the compensation you deserve after an accident.
What types of compensation can I claim for a pedestrian accident?
Compensation can cover medical expenses, lost wages, rehabilitation, pain and suffering, long-term care costs, and more. Contact Carbone Lawyers for specific information.
