What Happens If A Pedestrian Gets Hit By A Car?

Pedestrian accidents in Western Australia (WA) not only pose a significant risk to physical health. They also introduce victims to the complexities of legal compensation claims.

Understanding your rights and the advantages you hold in making a claim is crucial. Pedestrians involved in accidents often have a strong position when seeking compensation.

This is due to WA’s protective laws designed to safeguard their well-being. This article guided, by the expertise of Foyle Legal, aims to provide comprehensive insights.

We’ll look into the aftermath of car versus pedestrian accident. Then ensure you are well informed and prepared to take the necessary steps towards recovery and compensation.

Understanding Pedestrian Accident

Pedestrian Incidents refer to incidents where a vehicle collides with a person:

• Walking
• Jogging
• Standing
• Or otherwise being present on or near a roadway

These accidents can result in a range of injuries to the pedestrian. Injuries can be as minor as small bruises or as serious as life-threatening harm, and sometimes they can even lead to death. The core characteristic of pedestrian incidents is the involvement of a vehicle and a person not protected by the structure of a vehicle, making the pedestrian highly vulnerable to injury.

What are Pedestrian Accidents in Western Australia?

In Western Australia, a pedestrian car accident is a major problem, especially in busy city areas like Perth. The state has laws to protect pedestrians and help those injured get compensation and support. Efforts to reduce these accidents include:

• Police action
• Safety Campaigns
• And Making Places Safer for Walking

WA Laws and Regulations for Pedestrian Accidents

WA laws prioritize pedestrian safety. Along with this goal, the Insurance Commission of Western Australia (ICWA) oversees compensation claims.

Laws require drivers to be careful around pedestrians. These rules give pedestrians the right-of-way and clearly define who is at fault in car accidents.

Law and Regulation for Hitting a Pedestrian With A Car by Accident

• The “Towards Zero”: A road safety strategy in Western Australia aims to significantly reduce fatalities and serious injuries on WA roads. Their aim is about 40% from 2005-2007 levels by 2020. And their focus is enhancing pedestrian safety through:
  • Legislative Measures,
  • Enforcement,
  • Infrastructure Improvements, And
  • Public Education.
• Duty to Stop and Assist: Anyone involved in a pedestrian accident must stop at the scene. Witnesses are not obligated to stay at the scene but are encouraged to provide their details if they can assist injured parties or the police.
• Mandatory Reporting: Accidents must be reported within 28 days if they result in:
  • Injury to any person (regardless of severity),
  • Damage to any vehicle exceeding $750
  • Damage to public property exceeding $500
• Failing to Give Details to Other Parties: Drivers must provide their and the vehicle owner’s name and address to all involved parties. A $1,500 penalty and disqualification is applied if a driver fails to provide their details after damaging the property.
• Criminal Charges and Penalties in Cases of Death or Injury: These depend on the specific circumstances and are covered under the Criminal Code Act 1913 WA. For example,
  • Causing death by dangerous driving carries a maximum penalty of life imprisonment.
  • Failing to report an accident causing death can result in up to 10 years imprisonment and a minimum of 1-year disqualification.
  • For non-serious injuries, penalties include 12 months imprisonment and a minimum of 1 year disqualification.

• Duty in Accidents Causing Injury or Death: The driver must stop and assist the injured, with penalties of up to 20 years imprisonment for accidents leading to death and up to 14 years for serious injuries.
• Insurance Reporting: Drivers and vehicle owners must report the accident details to the Insurance Commission of WA if an online police report wasn’t made to facilitate claims processing.

Law and Regulation For Pedestrian’s Claim

• Eligibility for Compensation: Pedestrians not at fault in an accident are entitled to compensation for past and future losses, including medical expenses, economic loss, pain and suffering, and domestic care.
• Types of Compensable Expenses:
  • Hospital and travel expenses.
  • All received medical aid and ambulance transport.
  • Nursing, dental, rehabilitation, and therapy services.
  • Expenses for domestic help and medication.
  • Costs of auxiliary equipment (e.g., prostheses).
• Claim Process:The claim process for pedestrian incidents involves several critical steps, including promptly reporting the incident to WA police and filing an online crash report. It is crucial to understand the role of the Insurance Commission of Western Australia (ICWA) in assessing liability and how it impacts your claim. Moving through this article, we’ll explain these steps in more detail, giving you a clear guide on handling claims after a pedestrian accident.
• Offences and Penalties for Non-Compliance:
  • Failing to give details to the police or providing false details can result in fines ranging from $300.00 for a first offence to $600.00 for subsequent offences.
  • Witnesses refusing to give particulars to the police face a $200.00 fine.
  • Not reporting an accident with more than $3,000.00 in property damage incurs a $400.00 fine for a first offence and $800.00 for subsequent offences.
• Time Limits:Claims must be resolved, or court proceedings commenced within three years from the accident date due to the time limit for claims.
• Claims by Others:Claims can be made on behalf of the victim if the victim is a child, seriously injured, or deceased.
• Partial Fault:Compensation is still possible if partially at fault, but the amount may be reduced according to the degree of negligence.
• No Lawyer Requirement:While using a lawyer for claims is not mandatory, consulting one can significantly enhance your understanding of your entitlements and the claims process. For those navigating the aftermath of pedestrian incidents, resources like Pedestrian injuries from car accidents offer valuable insights.

Meet Foyle Legal

For comprehensive legal support, consider reaching out to Foyle Legal. They specialise in personal injury. Their expertise spans various areas, including:

• Car accident injury claims,
• Compensation for seriously injured people,
• And compensation for dependents of people who died in an accident.

Foyle Legal operates with no-win, no-fee lawyers, ensuring that legal assistance is accessible to those in need. For more information on navigating accidents on the road in WA, their resources can provide guidance and support.

Immediate Actions After The Pedestrian Accident

1. Ensure Safety

Move to a safe location if possible. If severely injured, try to signal for help without moving.

2. Call Emergency Services

Dial 000 for police and ambulance services. Reporting the accident is crucial, even if injuries seem minor initially.

3. Document the Scene

Take photos of the accident scene, including vehicle positions, traffic signals, and any visible injuries.

Why document the scene?

• Captures conditions such as weather and lighting that influence the understanding of the accident
• Shows vehicle positions, pedestrian paths, and traffic signals, which are critical for fault determination
• Photos of injuries support car-pedestrian accident claims for medical expenses and compensation.
• Provides undeniable proof to support your narrative in legal disputes
• Helps experts reconstruct the accident to understand dynamics like vehicle speed
• Offers an unalterable record before the scene changes, preserving crucial details
• May capture potential witnesses or point to additional evidence like surveillance footage

4. Exchange Information

Obtain contact and insurance details from the involved driver’s insurance company, and share your information as well. Additionally, collecting contact information from any witnesses. This may come in handy when you file a claim. 

Medical Response to Pedestrian’s Injuries in Car Accident

Immediate medical assessment post-accident is crucial for two reasons: ensuring your health is not at risk and documenting injuries for your claim. 

Detailed medical records serve as evidence of the accident’s impact, significantly supporting your compensation claim. Follow all recommended treatments and keep records of all medical bills and visits, treatments received, and expenses incurred.

Legal Process for Pedestrian Accident Compensation Claims

The legal process begins with filing a claim with ICWA, detailing the accident and injuries sustained. This claim serves as a formal request for compensation. If confirmed, this remuneration may cover medical expenses, lost wages, and other damages.

Filing a claim helps you get money to support your recovery and recognise the tough times you’ve faced because of the accident. A personal injury lawyer can help you understand complicated legal steps, making sure your claim is strong and backed up well.

Compensation and Claims Process

Initiate the Claim

The first step in pursuing compensation after a pedestrian incident is to contact the Insurance Commission of Western Australia (ICWA). 

You’ll need to inform them about the accident and the injuries sustained. This initial contact is crucial as it sets the foundation for your claim.

Gather Evidence

To strengthen your claim, it’s important to compile a comprehensive set of documents. This includes all medical records that detail the injuries you’ve suffered, police reports, witness statements, and any photos or videos of the accident. 

Legal Representation

Navigating the complexities of personal injury claims can be challenging. Hiring a personal injury lawyer can make a significant difference. An experienced lawyer who specializes in this area will understand the legal intricacies and can advocate effectively on your behalf, ensuring that your rights are protected throughout the process.

Assessment and Negotiation

Once your claim is filed, ICWA will assess the details and determine the compensation amount. This stage often involves negotiations, which your lawyer can handle. They will argue your case, aiming to secure the best possible outcome for you. The negotiation process is critical, as it influences the final compensation amount you may receive.

Settlement

The claim process concludes with a settlement, an agreement that finalizes the compensation amount. This settlement is designed to cover various expenses and losses, including medical treatment costs and, if applicable, compensation for seriously injured pedestrians.

In cases where an accident tragically results in pedestrian deaths, the settlement may include compensation for dependents of the deceased, providing financial support during a difficult time.

Contributory Negligence in Pedestrian Accidents

Contributory negligence in pedestrian incidents means if the pedestrian did something wrong that partly caused the accident, they might get less money as compensation. For example, if a pedestrian was not paying attention while crossing the road and got hit by a car, they might be considered partly at fault.

This rule is important because it affects how much money the pedestrian can receive after a pedestrian hit. If you’re in this situation, talking to a personal injury lawyer can help you understand your options and how to make a pedestrian car accident injury claim.

Conclusion

Understanding the steps to take after a pedestrian incident, including legal actions, medical care, and preventive strategies, is crucial for effectively managing the situation. While the journey can be complex, knowing your rights and how to claim compensation is essential.

In these challenging times, it’s important to have reliable support. Foyle Legal specializes in helping victims of pedestrian incidents in WA, offering guidance and assistance to ensure you get the compensation you need for recovery and Safety.

Remember, you’re not alone. Being informed about your rights and the claim process is vital. For trusted legal support, consider reaching out to Foyle Legal for help with your case.

References

At Foyle Legal, we prioritize reliable and trustworthy information sourced from leading authorities. Our content is based on peer-reviewed research, top academic institutions, respected journals, up-to-date laws and regulations, and validated government data. We also consider authoritative public opinion when relevant. We avoid lower-quality references and clearly list our sources in a dedicated section for each blog post, complete with publication details and direct links for easy verification. Additionally, we endeavor to regularly review and update our articles to ensure the information remains current and reflects the latest developments. Our commitment is to ensure the integrity and reliability of the information we provide. To understand our commitment to accuracy and currency in our content, we invite you to review our editorial policy.

• Government of Western Australia. (2021, August). Pedestrians information sheet. Retrieved February 13, 2024, from https://www.wa.gov.au/system/files/2021-08/Pedestrians-Information-Sheet.pdf
• Parliament of Western Australia. (n.d.). Road Traffic Code 2000 (Schedule 2). Retrieved from https://www.legislation.wa.gov.au/legislation/prod/filestore.nsf/FileURL/mrdoc_37181.pdf/$FILE/Road%20Traffic%20Code%202000%20-%20%5B05-f0-00%5D.pdf?OpenElement Official Version as at 21 Dec 2023. Published on www.legislation.wa.gov.au
• Parliament of Western Australia. (n.d.). Criminal Code Act Compilation Act 1913. Retrieved from https://www.legislation.wa.gov.au/legislation/prod/filestore.nsf/FileURL/mrdoc_46793.pdf/$FILE/Criminal%20Code%20Act%20Compilation%20Act%201913%20-%20%5B19-ac0-00%5D.pdf?OpenElement Official Version as at 21 Dec 2023. Published on www.legislation.wa.gov.au
• Parliament of Western Australia. (n.d.). Road Traffic Code 2000. Retrieved from https://www.legislation.wa.gov.au/legislation/prod/filestore.nsf/FileURL/mrdoc_37181.pdf/$FILE/Road%20Traffic%20Code%202000%20-%20%5B05-f0-00%5D.pdf?OpenElement Official Version as at 21 Dec 2023. Published on www.legislation.wa.gov.au
• Australasian Legal Information Institute. (n.d.). Road Traffic Code 2000 (WA). Retrieved from https://www8.austlii.edu.au/cgi-bin/viewdb/au/legis/wa/consol_reg/rtc2000113/ Official Version as at 21 Dec 2023. Published on www.legislation.wa.gov.au
• Foyle Legal. (n.d.). WA road accidents. Retrieved February 13, 2024, from https://foylelegal.com/blog/wa-road-accidents/
• Peden, M., Oyegbite, K., Ozanne-Smith, J., Hyder, A. A., Branche, C., Rahman, A. K. M. F., Rivara, F., & Bartolomeos, K. (2010). World report on child injury prevention. Accident Analysis & Prevention, 42(3), 827-834. Retrieved from https://www.ncbi.nlm.nih.gov/pmc/articles/PMC2859736/
• Insurance Commission of Western Australia. (n.d.). ICWA. Retrieved from https://www.icwa.wa.gov.au/
• Road Accidents Australia. (n.d.). Pedestrian hit by car in Victoria. Retrieved from https://roadaccidents.com.au/injured/pedestrian-hit-by-car-vic/. Official Version as at 21 Dec 2023. Published on www.legislation.wa.gov.au