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Pedestrians Injuries may entitle you to personal injury compensation
In motor vehicle accidents, pedestrians are often more vulnerable than others. If you are hit by a car or any other type of motor vehicle in Western Australia, you may be entitled to compensation.
In 2016 financial year, 397 million dollars was paid for motor vehicle accident injury claims, of which 40% of the payments were related to injuries from being hit by a car or other type of motor vehicles. In the past 10 years, 2.4 billion dollars was paid for pedestrian injuries.
Type of Pedestrian Injuries
Pedestrian injuries from being hit by a car tend to be more severe due to less protection compared to other people involved in a car accident injuries claim. Injuries can include: broken bones, cuts, internal injuries, head injuries, back injuries, neck injuries and leg injuries. Psychological injuries resulting from the injuries from a motor vehicle accident are not uncommon in the case of serious or catastrophic pedestrian injuries.
What compensation can victims of pedestrian injuries claim?
Pedestrians may claim CTP insurance compensation against the driver of the at fault vehicle. Generally, a pedestrian may claim medical expenses, travel expenses, economic losses, pain and suffering and domestic support.
Examples of expenses may include: ambulance transports, dental services, hospital expenses, medical aids, nursing services, rehabilitations, medical services, therapy services, medical imaging, domestic assistance, medications, medical or mobility aid equipment, prostheses, home and transport modifications, and more.
In the case of catastrophic injuries happened after 1 July 2016, proof of fault is no longer necessary. If a motor vehicle accident leaves you catastrophically injured, you can access the support and care.
Pedestrian hit and run settlements
If you are injured in a hit and run accident but not catastrophically injured, investigations are often necessary to determine liability. In this scenario, witnesses are often required to proof that the injury is caused by a hit and run accident. However, this may not be possible if the accident happened in the remote regions of WA or there were no witnesses. If you have made a hit and run car accident injury claim and have limited witnesses at the scene of accident, an experienced compensation lawyer can often point you to the right direction.
Children and the Elderly are the high-risk pedestrians
In Western Australia, young children and elderlies aged over 60 are high risk pedestrians from pedestrian injuries. Young children are higher risk pedestrians due to lack of experience and sometimes underdeveloped skills. Older adults are at higher risk due to reduced mobility, and in some cases deteriorating eyesight and hearing.
Pedestrian fatalities are not an uncommon type of pedestrian injuries. In the case of fatal injury, the financial dependents of the fatally injured person may be entitled to compensation.
How to claim pedestrian injuries compensation?
The process of pedestrian injuries claim is similar to motor vehicle accident injury compensation, because they are all managed by the Insurance Commission of Western Australia (ICWA). To lodge the claim, you need to report the accident to the WA police, and lodge an online crash report. Once these reports are lodged, ICWA will acknowledge the claim by provide you with a claim number. Once claim numbers are issued, the next steps in a pedestrian injury claim involves investigations and collection of evidence and reports. The settlement of pedestrian injuries compensation claim is usually by negotiation. Legal proceeding may be necessary if the matter could not reach a successfully negotiated outcome.
How would a lawyer help my car accident injury compensation?
Injured pedestrians can self-represent their personal injury compensation claim. The benefit of a good personal injury lawyer is that you can often receive higher compensation payout amount if you are represented by a lawyer who can help you to get the medical evidence you need. Some personal injury lawyers offer a No Win No Fee guarantee, and obligation free consultation, this could be a good opportunity for injured pedestrians to find out more about their personal injury claim.