Podcast | Conversational Episode January 21, 2025
Pedestrian accident claims WA – If you or someone you know has been hit by a car in Western Australia, you may be entitled to compensation. In this episode, Foyle Legal, a trusted personal injury law firm in Perth, walks you through everything you need to know about filing a pedestrian accident claim. We discuss WA road safety initiatives like Towards Zero, the duty to stop and assist law, and how ICWA handles claims. Learn essential tips for documenting the accident, why partial fault doesn’t mean no compensation, and the benefits of consulting a personal injury lawyer.
Ever seen a car almost hit a pedestrian and felt your heart skip a beat? It’s a common sight, especially in Perth, Western Australia. But what happens when a pedestrian actually gets hit? Let’s break it down.
When we think of pedestrian accidents, we often picture someone walking across the street and getting hit by a car. But it’s not always that simple. In Western Australia, the law recognizes various scenarios as pedestrian accidents. Whether you’re jogging, standing near a road, or even if a car jumps the curb and hits you, you’re considered a pedestrian. This highlights the vulnerability of pedestrians compared to those inside vehicles, who have the protection of airbags and seat belts.
Western Australia takes pedestrian safety seriously. The “Towards Zero” initiative aims for zero road deaths, focusing not just on drivers but on a holistic approach that includes legislation, enforcement, and infrastructure changes. They’re even working on public education to make roads safer for everyone.
If the unfortunate happens and you’re hit by a car, here’s what you should do:
WA law is quite pedestrian-friendly. There’s a “duty to stop and assist” law, meaning drivers involved in pedestrian accidents must stop and help. Failing to do so can result in hefty fines, license suspension, or even jail time.
Here’s a surprise: even if you’re partially at fault, you might still be eligible for compensation. WA law recognizes that accidents aren’t always black and white. Your compensation might be adjusted based on your level of responsibility, but you’re not automatically disqualified from making a claim.
Thinking of pursuing a claim? Here’s how it works:
ICWA reviews everything to determine liability and potential compensation. This is where having a lawyer helps—they’re skilled negotiators who ensure you’re treated fairly. Compensation isn’t just about medical bills; it includes lost wages, ongoing care, and more.
A settlement is an agreement on how much compensation you’ll receive. A good lawyer will aim for the best possible settlement without going to court. And with Foyle Legal’s “No Win No Fee” policy, you only pay legal fees if you get compensation. They even offer a free claim check on their website to see where you stand.
It’s not just walking. It includes jogging, standing near a road, or being hit by a car that jumps the curb.
Prioritize safety, call 000, take photos, and exchange information.
Yes, WA law allows for compensation even if you’re partially responsible.
They manage the claims process, determining liability and compensation.
You only pay legal fees if you receive compensation.
Pedestrian safety is a big deal in WA, and knowing your rights can make all the difference. Whether you’re behind the wheel or on foot, being aware and informed is key. Stay safe out there!
Learn More: https://foylelegal.com/blog/what-happens-if-a-pedestrian-gets-hit-by-a-car/
When dealing with pedestrian accident claims in Western Australia, it’s crucial to rely on accurate and high-authority sources. Below, we’ve compiled trusted government resources, legal insights, and helpful tools to guide you through the ICWA claims process, understanding WA pedestrian laws, and securing pedestrian injury compensation.
Foyle Legal provides legal support to pedestrian accident victims in metro and regional WA, ensuring fair compensation no matter where you’re located.
By using these resources, you’ll gain a complete understanding of pedestrian accident compensation in WA and access the best legal support available.
Christian Foyle is the Director of Foyle Legal, a top personal injury law firm serving Western Australia. With a background in handling claims for motor vehicle accidents, workplace injuries, and more, Christian leads a dedicated team committed to supporting injured clients across WA.
The podcast “Personal Injury Claims Explained by Foyle Legal” is a team effort, drawing on Christian’s legal experience and the expertise of the Foyle Legal team to bring clarity to the injury claims process. Together, they ensure each episode reflects the firm’s high standards and commitment to reliable, client-focused information.
Disclaimer
The information provided in this podcast is for general informational purposes only and does not constitute legal advice. Listening to this podcast does not create an attorney-client relationship with Foyle Legal. For advice tailored to your situation, please consult a qualified legal professional.
Introduction
Welcome to Personal Injury Claims Explained by Foyle Legal—your trusted source for understanding personal injury claims in Western Australia. Each week, we simplify complex legal issues, from motor vehicle accidents to workplace injuries, so you can confidently navigate your rights and secure the compensation you deserve.
Have you ever seen a pedestrian nearly get hit by a car and felt your heart stop? It happens more often than we’d like to think, especially in Perth. That’s why today, we’re taking a deep dive into what happens when a pedestrian is hit by a vehicle in WA.
To guide us, we’re looking at an insightful article from Foyle Legal, a personal injury law firm in Perth that specialises in pedestrian accident claims.
We all know the basic definition—a person walking gets hit by a car. But the law considers many different scenarios pedestrian accidents, including:
Pedestrians are far more vulnerable than drivers. Unlike someone in a vehicle, you don’t have airbags or seatbelts—just your own body against a moving car.
Western Australia has taken a proactive approach to reducing pedestrian accidents through the Towards Zero initiative.
Towards Zero is an ambitious program aimed at eliminating road deaths in WA. This initiative isn’t just about holding drivers accountable; it focuses on:
If you’re involved in a pedestrian accident, your priority should be safety.
1️⃣ Move to a safe spot – If you can, get out of the road to prevent further accidents.
2️⃣ Call 000 – Even if your injuries seem minor, seek medical help. Some injuries may not be immediately apparent.
3️⃣ Document the scene – Take as many photos as possible, including:
4️⃣ Exchange information – Get the driver’s name, contact details, and insurance information. If there are witnesses, collect their details too.
WA law strongly protects pedestrians through the Duty to Stop and Assist law.
One of the biggest misconceptions is that if a pedestrian is partially at fault, they cannot claim compensation.
In WA, you can still be eligible for compensation even if you were partially responsible for the accident.
If you’re injured in a pedestrian accident, follow these steps to make a claim:
1️⃣ Report the accident – In WA, pedestrian accident claims are reported to ICWA (Insurance Commission of Western Australia), not directly to the driver’s insurer.
2️⃣ Gather evidence – Medical records, police reports, witness statements, and photo evidence will help strengthen your case.
3️⃣ Seek legal advice – A personal injury lawyer can help you navigate the legal process and negotiate with ICWA.
ICWA will assess:
While you don’t need a lawyer to file a claim, having legal representation can:
✔ Ensure you receive fair compensation.
✔ Handle negotiations with ICWA.
✔ Reduce stress so you can focus on recovery.
Foyle Legal offers a No Win, No Fee policy—meaning you only pay legal fees if they win your case.
They also provide a free claim check on their website, allowing you to assess whether you have a case without any upfront commitment.
Pedestrian accidents are serious, but WA law is designed to protect those injured on the road.
Key takeaways from today’s discussion:
✔ Pedestrians are highly protected under WA law.
✔ Towards Zero aims to eliminate road deaths in WA.
✔ If injured, take immediate action—seek medical help and document everything.
✔ ICWA handles pedestrian accident claims in WA.
✔ Even if partially at fault, you may still receive compensation.
✔ A personal injury lawyer can significantly improve your chances of fair compensation.
Outro
Thanks for tuning in to Personal Injury Claims Explained by Foyle Legal.
Remember, this podcast is for informational purposes only and does not constitute legal advice. If you’ve been injured as a pedestrian in WA and need legal assistance, visit FoyleLegal.com to learn more about your rights.
✅ Stay informed.
✅ Know your rights.
✅ Take action if you need help.
Until next time—stay safe out there!
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