Who Is Responsible For Pedestrian Injuries?

Who Is Responsible For Pedestrian Injuries?

Pedestrians may be entitled to damages after motor being hit by a motor vehicle just as the drivers, passengers and cyclists. However, in motor vehicle accidents, pedestrians can also be the reason that caused the accident. For this reason, prior to making a compensation claim, it is strongly recommended to have the situation evaluated from the legal perspective. For drivers suffering the harsh consequences of accidents which were caused by pedestrians, motor accidents compensation can also be claimed. Fortunately, in Australia, parties at fault and not at fault can both benefit from the compensation. However, those who were not at fault can benefit further.

What is motor accident compensation?

In Australia, jurisdictions enforce the motor vehicle owners to cover themselves with the compulsory third party insurance. The insurance will cover the loss of the victims and motor vehicle owners which occur from accidents. Such accidents can lead to major traumas and severe and permanent disabilities. In case of an accident, CTP will cover the medical expenses and the loss of income of both parties. However, the party not at fault may also claim lump-sum compensation if the victim is permanently disabled while the party wholly at fault may not be eligible to receive lump-sum payout. While both parties can receive benefits from the TPD insurance, the victim can receive weekly income replacement payments further. On the other hand, the party at fault can receive these benefits to a limited extent.

Motor accidents which the party at fault is a runaway

As stated in the Motor Accidents Act of NSW, victims can still make a compensation claim if the other driver is unidentifiable. For the claimant, the benefits will be absolutely the same. For the runaway driver, harsh fines and even imprisonment might apply. In Australia, if the other party is unreachable or unidentifiable, motor accident compensation claims can be made from the Nominal Defendant, which is a government body that will act as the real defendant and compensate the loss of the victim.

Contributory negligence in motor vehicle accidents

In motor vehicle accidents, the victim’s entitlements might be slightly reduced regarding the victim’s contribution to the severity of the injuries. While driving a vehicle, the drivers should make sure that their personal safety is provided by themselves. Every individual in the traffic should take personal care to avoid severe injuries or decrease the impact in case of an accident. Although the motor vehicles can transform into deadly weapons in accidents, pedestrians still owe a duty to take necessary care against the others. However, the duty owed might be less as a pedestrian’s potential to cause accidents is less than a motor vehicle driver. For pedestrians, reckless actions and violating the traffic rules can also be determined as contributory negligence.

Duty of care in motor vehicle accidents

Everyone using the roads in Australia should obey the rules as this is strictly enforced by the jurisdictions. Duty of care refers to owing necessary care to others and hesitate to act in a manner which might lead to harm to the others. In motor vehicle accidents, the duty is to drive responsibly, avoid using intoxicating beverages and nourishments, obey the rules and respect the others wellbeing. If this duty is breached, the victim can rightfully make a motor accident claim and request compensation to recover his/her loss. The process is more complex than it sounds. 

For this reason, before lodging a claim, it would be a wise idea to examine the laws and have your entitlements evaluated. Motor vehicles accidents can lead to permanent injuries and loss of capacity to perform daily tasks. That is why insurance payout can be critically important for the victim.

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