Walking and running through busy streets is part of daily life, whether you’re heading to work, running errands, or exercising. But accidents can still happen when you least expect them, even when you did everything right.
Despite advances in traffic technology, pedestrian accidents remain common. In fact, there were 2,334 hospitalisations and 158 deaths from pedestrian-related road accidents in Australia in 2023, with 51% of deaths occurring in major cities, according to DITRDCA. Further, data from Transport for NSW shows that in the state alone, there are about 1,100 pedestrian accidents, with 50 deaths, annually.
If you’ve been hit by a car as a pedestrian, you’re not just another statistic. You need immediate, expert guidance to secure the compensation you deserve. Get a free online claim check now!
Common reasons for pedestrian accidents
According to CARRS-Q, common reasons for accidents involving pedestrians include:
- Higher vehicle speeds
- Walking under the influence
- Drink driving
- Smartphone distractions
- Poor road lighting
- Vehicles lacking proper lighting
- Pedestrians not wearing reflective gear or bright clothing
- Insufficient pedestrian infrastructure
Most common injuries
Monash University’s road safety policy paper highlighted the most common injuries among pedestrians:
Head/Brain injuries
- Most likely to cause death
- Usually from windshield impact
- Worse at higher speeds
- Different patterns for children (more bonnet impacts)
Injuries to the legs, knees, and hips
- Most frequent injury type
- Often causes permanent disability
Chest/Torso injuries
- More common in SUV collisions
- Higher risk for elderly victims
- Often combined with other injuries
- Can be life-threatening
The Legal Framework: Your Rights Under Australian Law
If you’re injured as a pedestrian in NSW, you can claim compensation through the driver’s Compulsory Third Party (CTP) insurer. The Motor Accidents Injuries Act 2017 (NSW) provides important legal protection, ensuring you can seek compensation for your injuries. Along with the Civil Liability Act 2002 (NSW), these laws clearly define the responsibilities of both drivers and pedestrians, aiming to ensure pedestrians are fairly compensated and protected after an accident.
Blameless Accidents
Blameless accidents are situations where no one is really at fault, but you could still be entitled to compensation. Introduced by the Motor Accident Compensation Act 1999 in 2006, this rule ensures that people who get hurt in accidents—where it’s hard to say who’s to blame—don’t miss out on support.
For example, if a driver can’t avoid a crash because of sudden heavy rain or a pedestrian gets injured by a pothole that wasn’t fixed in time, these could be considered blameless accidents. Even if neither the driver nor the pedestrian is fully at fault, they may still be able to claim compensation for their injuries.
What Can I Claim?
Modern compensation goes beyond basic medical expenses. Under current NSW law, you’re entitled to:
Statutory Benefits (No Fault)
- Medical and rehabilitation expenses
- Weekly payments for lost income up to 52 weeks for minor injuries
- Domestic assistance
- Travel expenses related to your treatment
Common Law Damages (Fault-Based)
You can claim damages for:
- Economic loss:
- Past and future economic loss
- Accommodation and travel costs related to the injury
- Non-economic loss (>10% whole person impairment):
- Pain and suffering compensation
- Loss of enjoyment of life
What to Do When Hit by a Car
After being hit by a car as a pedestrian, taking the right steps can protect both your health and legal rights. Here’s what to do:
- Stay safe; move from traffic, if possible, but remain still if you have neck pain.
- Call 000 for emergency services.
- If you can, gather evidence:
- Driver’s details
- Photos of the accident (skid marks, vehicle positions, traffic signals, etc.)
- Witness statements
- When the police arrive, get an event number.
- Accept medical assessment, even for minor injuries.
- Request a Certificate of Capacity/Fitness from your treating doctor.
- Keep all medical documentation and accident-related evidence, including:
- Medical visits
- Expenses
- Financial loss documentation
- How injuries affect your daily life
- Digital evidence (CCTV, dashcam footage)
- Get guidance from an expert Car Accident Lawyer, such as ours.
Critical Time Limits
You must meet these strict deadlines to get maximum compensation:
- 28 days to lodge an accident notification form for early benefits
- 28 days to report the incident to the police
- 3 months to apply for statutory benefits
- 3 years to claim common law damages
Success Rates and Statistics
If you’ve been injured as a pedestrian, know you’re not alone, and compensation is available. According to SIRA, in 2024:
- 13,172 statutory benefit claims were lodged
- An industry average of 97.4% of claims for statutory benefits were accepted
- Around $1.61 billion gross payments were made, with an average claim value of $122,000
To maximise your compensation, get expert help from our Parramatta and Cabramatta Motor Vehicle Claims Lawyers today.
What If I Was Partly at Fault?
Courts now take a more balanced view of responsibility. Section 5R of the Civil Liability Act establishes that:
- Both parties’ actions are judged against reasonable behaviour standards.
- Compensation may be reduced based on your contribution to the accident.
- Modern factors considered include:
- Phone use while walking
- Visibility efforts (clothing, lights)
- Road crossing choices
- Alcohol influence
Case in Point
T and X Company Pty Ltd v Chivas [2014] NSWCA 235
This case was a turning point in Australian pedestrian accident law. The NSW Court of Appeal upheld the taxi driver’s negligence for speeding but dramatically raised the deceased pedestrian’s contributory negligence from 40% to 75%.
Instead of focusing solely on the driver’s role in causing harm, the court ruled that crossing against a red light in front of oncoming traffic is a serious failure of reasonable care. This ruling continues to shape modern pedestrian accident claims, reinforcing the need for both driver accountability and pedestrian responsibility.
The Nominal Defendant v Ross [2014] NSWCA 212
In this important case, a pedestrian was hit by a minibus at Sydney Airport. While both parties failed to look out properly, the Court decided the driver was more at fault since they were operating a dangerous vehicle. This reduced the pedestrian’s compensation from $328,540 to $266,939.
Importantly, the Court took a practical approach. The Court said it was unreasonable to expect someone who’d just been hit and was in shock to gather the driver’s details in the brief moment before they fled the scene. Further, the Court ruled that victims shouldn’t be expected to know about requesting CCTV footage within 28 days, especially when they initially thought their injuries were minor. This ruling shows courts will consider real-life situations rather than just theoretical expectations when deciding cases.
Special Protections for Vulnerable Pedestrians
The law recognises that certain groups need extra protection when involved in pedestrian accidents. Here’s why and how these protections work:
- Children and elderly pedestrians: Courts recognise their reduced ability to judge traffic dangers, requiring drivers to show extra caution in areas where they’re likely to be present.
- Disabled persons: The law acknowledges mobility and perception challenges, placing a higher duty of care on drivers and considering specific disabilities when assessing compensation
- Hit-and-run victims: Protected by the Nominal Defendant scheme, allowing compensation claims even when the driver can’t be identified or is uninsured
Modern Factors Courts Consider
Today’s pedestrian accidents involve new complexities:
- E-scooter and bicycle delivery riders
- Smartphone distractions
- Electric vehicles’ silent approach
- Complex intersection designs
- Changing weather patterns
Recovery After Being Hit by a Car as a Pedestrian
Recovery isn’t just physical. Focus on:
- Following medical advice religiously
- Documenting every expense
- Keeping a recovery diary
- Staying connected with support networks
- Understanding your legal rights
Staying Safe as a Pedestrian: Essential Tips
- Use designated crossings – even if they’re 20 meters away
- Wait for green signals and keep watching traffic
- Put your phone away – distraction causes many accidents
- Look both ways multiple times before crossing
- Make yourself visible with bright/reflective clothing at night
- Never assume drivers can see you or will stop
- Be extra careful near driveways and car park exits
- Take special care in bad weather or low light
- Remove headphones when crossing roads
- Make eye contact with drivers where possible
For more information, check this guide from the NSW government.
Conclusion
Being hit by a car can flip your world upside down in seconds. While the law protects pedestrians, safety is a two-way street. If you’ve been injured, don’t let shock or even minor injuries stop you from seeking help. Courts know these accidents are overwhelming, but you must meet key deadlines. Focus on healing, but don’t delay consulting an experienced Car Accident Claims Lawyer, such as ours who can guide you through the process. The steps you take now can make all the difference in your recovery and future wellbeing.
We Stand with You
Keep in mind: Recovery is a long journey, not a quick race. We’re here to ensure you get the compensation and expert support you deserve.
From day one, we will:
- Take urgent action to protect your claim
- Provide immediate access to an expert solicitor
- Handle all paperwork and deadlines
- Deal with insurers on your behalf
- Keep you informed at every step
- Visit you in the hospital if needed
- Work on a No Win No Fee basis
Don’t risk losing your rights. Talk to one of our Parramatta Motor Vehicle Claims Lawyers and Cabramatta Motor Vehicle Claims Lawyers now for a free, no-obligation consultation.
