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      What is a pedestrian accident claim?

      Every year, thousands of pedestrians are injured in motor accidents. Whether it happened on the road, at a crossing, or even on a footpath, you may be eligible for compensation through a pedestrian accident claim.

      If your injuries are permanent, you could also qualify for an additional Total and Permanent Disability benefit through your superannuation policy.

      No matter your situation, we’re here to help. Our lawyers have over 25 years’ experience helping Australians get the pedestrian accident compensation they deserve.

      Can I make a pedestrian accident claim?

      Start your free online claim check

      Find out if you’re eligible for pedestrian accident compensation today.

      Check your claim nowIt only takes 2 minutes.

      If you’re a pedestrian injured on the road, it’s likely you can make a claim. It doesn’t matter:

      • What type of vehicle caused the injury, whether a car, bus, truck, motorcycle, or bike.
      • Whether your injuries are physical or psychological.
      • If you were partially at fault for the accident.
      • If it was a hit-and-run (in most cases).

      You may also be eligible for a claim if you develop a psychological condition after witnessing a pedestrian accident.

      Drivers have a duty of care to avoid hitting pedestrians, so they’re generally considered at fault in pedestrian accidents.

      Despite this, there are some situations where a pedestrian might be found partially at fault for the accident. These include:

      • Illegally crossing the road.
      • Using a phone and unexpectedly stepping in front of a vehicle.
      • Being intoxicated and crossing carelessly.

      You can still make a pedestrian accident claim even if you’re partially at fault. However, the compensation you receive may be reduced based on your level of responsibility.

      If you’re injured in a hit-and-run and can’t identify the vehicle involved, you can still file a claim under your state’s CTP insurance scheme. Instead of claiming against the vehicle’s insurer, you’ll make a claim against the ‘nominal defendant,’ a government insurer that compensates victims when the responsible vehicle can’t be identified.

      Examples of pedestrian accident claims

      We’ve been handling pedestrian accident claims for over 25 years. In our experience, some of the most common are:

      • Vehicle collisions: accidents involving cars, trucks, buses, bicycles or motorcycles hitting pedestrians.
      • Hit-and-run incidents: situations where a driver leaves the scene after hitting a pedestrian.
      • Vehicle reversing: accidents where a vehicle reverses from a driveway or parking space and hits a pedestrian.
      • Unsafe crossings: injuries occurring at poorly designed or maintained pedestrian crossings.
      • Faulty traffic lights: accidents caused by malfunctioning traffic lights.
      • Accidents caused by poor road maintenance: injuries from defects in the road or footpath, such as potholes or debris.
      • Pedestrian accidents in parking lots: collisions or injuries occurring in parking areas, often due to driver inattention or poor signage.

      Don’t worry if your specific accident isn’t listed here — these are just a few examples of what we’ve seen over the years.

      To find out if you’re eligible for compensation, chat with one of our specialist pedestrian accident lawyers. In a free consultation, we’ll explain whether you have a claim and how much compensation you could receive.

      What to do after a pedestrian accident

      1. Collect essential information: if your injuries are serious, focus on getting medical help. If your injuries are minor and it’s safe to do so, record the time of the accident, the location, and the contact details of all drivers involved. It’s also a good idea to capture photos of the scene and, if possible, gather statements or contact information from any witnesses for future follow-up.
      2. Get medical attention: regardless of how minor your injuries may seem, visit your GP for an assessment. Not only is this crucial for your health, but your GP will provide a medical certificate to use as evidence in your claim.
      3. Report the accident to the police: it’s important to report the incident to the police as soon as possible, ideally within 24 hours.
      4. Gather witness statements: if you couldn’t get statements at the scene, try to contact other pedestrians, drivers, or any witnesses. Record their statements and obtain their contact details, in case you need to have their statements sworn in the future.
      5. Consult a lawyer: we recommend speaking with an expert pedestrian accident lawyer. In a free consultation, we’ll review your entitlements and outline the best strategy to maximise your compensation. Our team can also interview witnesses and gather strong medical and liability evidence on your behalf, giving your claim the greatest chance of success.

      How much compensation will I get?

      The amount of compensation you can receive for a pedestrian accident is based on several factors, including your state’s regulations, the severity of your injuries, how they impact your life, and whether you were partially at fault.

      Depending on your circumstances, your compensation may cover:

      • Lost income: this includes both past and future earnings, plus superannuation.
      • Care and support: this covers professional care or support from family and friends, and compensation if you’re unable to care for someone who relies on you.
      • Pain and suffering: compensation for the physical and emotional toll of your injury.
      • Other injury-related costs: this includes medical expenses, travel costs, and any modifications needed for your home or vehicle.

      For a detailed look at how much you could potentially receive, check out our complete guide to motor accident compensation.

      Do time limits apply to my pedestrian accident claim?

      Yes, strict time limits apply to all pedestrian accident claims.

      In NSW, you must report the accident to the police within 28 days. After that, you’ll have three months to file an Application for Personal Injury Benefits form with the Personal Injury Commission.

      If you’ve missed the deadline to file your claim, there’s no need to stress. Our skilled pedestrian accident lawyers have a detailed knowledge of each state’s time limit exceptions and can apply on your behalf. Over the years, we’ve helped hundreds of clients get their delayed claims approved.

      How much will my pedestrian accident claim cost?

      The cost of your pedestrian accident claim depends on how complicated it is and the time it takes to resolve. But no matter your situation, one thing stays the same — our No Win No Fee guarantee keeps your claim risk-free.

      • Zero financial risk: we cover all costs, including expert evidence, legal fees, and administrative expenses — and you won’t pay a cent unless we win your claim.
      • Transparent fees: you’ll get a straightforward breakdown of our fees from the start.
      • Avoid court costs: we settle the vast majority of claims through mediation, helping you avoid the time and stress of going to court.
      • Reduced legal fees: in most cases, we recover our fees from the other party, so you keep more of your compensation.
      • 90-day risk-free trial: try our services risk-free for 90 days. If you decide to cancel within this period, you won’t be charged.
      Find out more about our fees

      Frequently asked questions

      You can claim compensation for injuries from any pedestrian accident, regardless of whether the accident involved a car, bus, truck, bicycle or motorcycle.

      Over the years, we’ve helped many injured clients claim compensation. Some of the most common injuries we’ve seen include:

      • Whiplash and other neck injuries from sudden impact.
      • Broken bones and fractures from the collision.
      • Head injuries, such as concussions or Traumatic Brain Injuries (TBIs) from impact.
      • Spinal injuries that may cause partial or full paralysis.
      • Cuts and lacerations from broken glass or debris.
      • Bruises and contusions caused by impact with a vehicle or surrounding environment.
      • Post-Traumatic Stress Disorder (PTSD), anxiety, depression and other psychological conditions caused by emotional trauma from the accident.
      • Chronic Pain or permanent impairment following the accident.
      • Infections resulting from wounds sustained in the accident.
      • Aggravation of pre-existing conditions.

      This is by no means an exhaustive list. If you’ve been injured in a pedestrian accident, you’re probably entitled to compensation. To find out if you’re eligible, contact one of our expert pedestrian accident lawyers today.

      Typically, pedestrian accident claims take between 12 to 18 months to resolve. The duration of your case depends on several factors, including:

      • The complexity of your injuries.
      • The treatment required.
      • Whether your injuries have stabilised.

      Have my injuries stabilised?

      Your injuries are considered stabilised when they have reached maximum medical improvement, meaning your condition is unlikely to change. If your injuries have not yet stabilised, it’s advisable to wait until they have before accepting any settlement offers. Settling before your injuries have stabilised can often result in receiving less compensation than you might be entitled to.

      As part of our complete service, we uncover any additional claims you might have, beyond your initial pedestrian accident claim. These include:

      Income protection claims

      If you’re temporarily unable to work due to the pedestrian accident, you might be entitled to income protection payments. Depending on your situation, you could receive:

      • Regular wage-replacement payments (usually made monthly).
      • Up to 75% of your regular income, including superannuation.
      • Payments for a specified period, such as 2 years, 10 years, or until retirement age.

      Total and Permanent Disability (TPD) claims

      If your pedestrian accident injury permanently prevents you from returning to work, you might be eligible for a Total and Permanent Disability (TPD) claim. Unlike income protection or weekly workers compensation payments, a TPD benefit provides a substantial lump sum designed to support you for life. This coverage is often included in your superannuation policy, so you might already have this insurance without realising it.

      Meet the team

      Our team use their extensive experience to increase your chances of success. We’ve won many awards for our work, including ‘Compensation Law Firm of the Year 2020 GBM Global Awards.’

      Leon Monaco
      Managing Partner
      • English
      • Workers Compensation, Motor Vehicle Accidents, Public Liability, Medical Negligence
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      Nancy Kuan
      Special Counsel
      • English
      • Family Provision Claims, Motor Vehicle Accidents, Public Liability
      View full bio
      Vanessa Azzi
      Senior Associate
      • English, Arabic
      • Motor Vehicle Accidents, Public Liability, Work Injury Damages
      View full bio
      Kathryn Morcos
      Solicitor
      • English
      • Family Provision Claims, Public Liability, Motor Vehicle Accidents
      View full bio
      Madeleine Jennings
      Paralegal
      • English
      • Family Provision Claims, Public Liability, Motor Vehicle Accident, Product Liability
      View full bio
      Meet more of the team

      Get free legal advice

      Find out if you have a claim today.

      Start your claim checkMake an enquiryCall 1300 769 665
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      What our clients say

      When you walk through our doors, our top priority is to help you as much as we can. This commitment is shown in over 200 5-star reviews.

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      Monaco helped me get much more compensation than I expected.

      Monaco Lawyers helped me to receive compensation for an ongoing injury I sustained after I was simply driving home from work and was driven into head on by an incompetent and negligent driver who I believe was texting at the time of the accident.

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      I am forever thankful! God bless you for being there for me whenever I called.

      Monaco Compensation Lawyers are second to no-one. Anthony and his team were there for me every step of the way. When I got disheartened or down, I would make one phone call to the team at Monaco Solicitors, and they were there for me instantly—reassuring me and consoling me.

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      Good result! We had a complicated claim but they got the job done.

      My brothers and I had a complicated claim. I found Ben Ralph to be very helpful, himself and Sally Sutton worked hard for just over a year to get through our claim. They achieved a good result and got the monies paid to myself and my brothers.

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      Thank you for accomplishing so much in such a short time.

      Great communication, empathy and understanding. My case worker Daniella was a saint, understanding and patient and always passing on any updates in record time.

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      I knew it from the very first phone call: I had found a compassionate law firm.

      Monaco Solicitors, I have no hesitation in recommending Daniella Dababneh and her team. After I suffered a serious workplace accident, I was in need of legal help.

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      They helped me juggle my injury claim and my mum's full-time care.

      I highly recommend Monaco Solicitors. I was claiming PI through my superannuation for workplace injuries. They were doing a no win no fee which was great as I am a carer for my mum and don’t earn much.

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      Monaco is the place to go for a lawyer that cares. You're in safe hands.

      They helped me when I needed it the most. Monaco are very informative and genuinely care about the outcome of your matter. Navigating the CTP, ICP and TPD system can be very overwhelming. They reduce this where every they can.

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      I'm glad my friend recommended Monaco. I was happy with the result.

      Green Slip Claim: I switched from another Law firm to Monaco on advice from a friend. I am so glad I did, within weeks I was sent off for further scans which led to proof of the pain I was in. All throughout the claim process I was kept up to date. Once settled I was more than happy with the end result. I would definitely recommend Monaco Compensation Lawyers, thanks.

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      The bill? Surprisingly reasonable, less than expected.

      Sally was very helpful and always kept me up-to-date so if you ever use Monaco Solicitors just make sure you get Sally she’s very good. And the bill was very reasonable I thought it would be higher.

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      Monaco's help reduced a 12-month process to just a few months.

      My father originally found Monaco online for super claims,. They had discussed with him in great detail the processes and had been kind and very helpful a few years ago. When needing help with my mothers super claim I knew I could trust Monaco again.

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      How we can help you

      For over 25 years, we’ve helped people injured in pedestrian accidents get the compensation they deserve. As part of our comprehensive service, we will:

      • Clarify your rights and what you can claim.
      • Collect strong evidence of your injuries and the driver’s negligence.
      • Negotiate with the driver’s insurer on your behalf.
      • Dispute any claims from the insurer that you’re partially at fault.
      • Appeal your claim if it’s denied or the insurer offers an unfair settlement.
      • Identify additional claims, such as workers compensation payments or a TPD benefit.
      • Ensure you receive compensation for the full financial and emotional impact of your injuries.

      Speak to one of our friendly lawyers

      Email us 1300 769 665

      Millions won for our clients

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