Top Pedestrian Accident Lawyer in Melbourne | Secure Maximum Compensation for Your Injuries Today
Empowering Your Recovery: Expert Legal Support for Pedestrian Accident Victims
What is a Pedestrian Accident?
A pedestrian accident occurs when a car, truck, motorcycle, or bus strikes a person who is walking. These can occur in driveways, parking lots, walkways, and pedestrian crossings, among other places. When they happen, you need an expert pedestrian accident lawyer to navigate your path forward to compensation.
Serious injuries, including fractured bones, spinal injuries, brain trauma, and even death, can arise from pedestrian collisions. Not only can the injured individual’s life be drastically altered, but also the lives of their relatives.
Having knowledgeable pedestrian accident attorneys can make all the difference in your claim and help you collect the compensation you are entitled to if you were in a pedestrian accident caused by a motor vehicle.
Speak with our personal injury attorneys and start your compensation claim right away if you were hurt as a pedestrian in a car accident.
If you are a pedestrian injured in a car accident, speak to our personal injury lawyers and commence your compensation claim today.
Causes of Pedestrian Accidents
Pedestrian accidents with motor vehicles can happen for many reasons, often a combination of driver and pedestrian error:
- Driver Error:
Distracted driving, speeding, and failing to yield are everyday causes of traffic accidents that can result in an injured pedestrian.
- Pedestrian Error:
Pedestrians who ignore traffic signals, cross at the wrong points, or don’t check for oncoming traffic can cause accidents.
- Environmental Factors:
Poor lighting, bad weather, and inadequate signs can make it hard for drivers to see pedestrians, especially at night or in inclement weather.
- Shared Fault:
Many pedestrian accidents are shared fault, where the driver and pedestrian are partly to blame. Understanding this is key to determining liability and compensation.
Pedestrian accident claims can be made to ensure that seriously injured pedestrians can access the compensation claims they deserve.
Injuries Suffered
by Pedestrians
The injuries from a pedestrian accident involving a motor vehicle can be severe and life-changing. Common injuries are:
- Broken Bones:
Collisions can result in fractures to arms, legs and ribs, requiring extensive medical treatment and recovery time.
- Spinal Injuries:
These can result in partial or complete paralysis, impacting the victim’s quality of life.
- Traumatic Brain Injuries (TBIs):
Head injuries are common in pedestrian accidents and can result in long-term cognitive and physical impairment.
- Soft Tissue Injuries:
These injuries, including whiplash and muscle tears, may not be immediately apparent but can cause long-term pain and disability.
- Mental Health Injuries:
Post-traumatic stress disorder (PTSD) and other mental health injuries or psychological trauma are widespread occurrences after a pedestrian hit.
If you have suffered any of these injuries, you should be seeking personal injury benefits.
Fault and Liability in Pedestrian Accidents
Fault in a pedestrian accident involves examining the actions of both the driver and the pedestrian. Drivers have a high duty of care to pedestrians, as they can cause serious harm. However, pedestrians must also act responsibly by following traffic signals and using designated crossings.
If a driver is found to be negligent, e.g., not stopping at a red light or speeding as part of a hit-and-run accident, they may be liable for the accident.
However, if a pedestrian contributed to the accident by not following the road rules, contributory negligence may apply and reduce the compensation.
In some cases, a nominal defendant may be appointed if the at-fault party in a pedestrian accident is unidentified or uninsured. This allows injured pedestrians to claim compensation even when the driver responsible for the hit-and-run accident cannot be identified or does not have insurance.
You may also be able to make a common law claim.
There are strict time limits involved with these types of claims, and specific information you need to provide the Transport Accident Commission, so you must partner with a car accident lawyer who will be with you every step of the way.
How a Pedestrian Accident Lawyer Can Help You Claim Maximum Compensation
Our team helps you through the complex claims process:
- Legal Advice: We explain your rights and the process of making a personal injury claim and assess your case to determine the best way forward.
- Evidence Collection: Lawyers assist in collecting and documenting critical evidence, including witness statements, police reports, and medical records, to assess any injuries that were a result of the accident. This helps build your case and understand the necessary claim forms.
- Claim Submission: Filing a TAC claim involves strict procedures and deadlines. A lawyer ensures all documentation is submitted correctly and all legal requirements are met.
- Negotiation and Settlement: Most cases are settled. A lawyer advocates on your behalf to get you maximum compensation for medical expenses, lost wages and pain and suffering.
- Court Representation: If a fair settlement can’t be reached, our personal injury law firm will represent you in court to get you the compensation you deserve.
Making a Pedestrian Accident Compensation Claim
The process of making a pedestrian accident claim can be overwhelming, but breaking it down into steps can help:
Initial Consultation
It starts with a free initial consultation with a personal injury lawyer from our law firm who will assess your case and advise on the way forward.
Evidence Gathering
Collect all relevant documents, including medical reports, photos from the scene of the accident and witness statements.
This evidence is critical to establishing liability and proving the extent of your injuries. It also allows us to determine your loss of income amounts, income support requirements and any other expenses, such as medical bills, that your pedestrian compensation claim will need to cover.
Claim Filing
Your motor vehicle accident lawyers will help you file a claim with the Transport Accident Commission (TAC) or a public liability claim if applicable.
Filing correctly and within the correct period from the time of the accident is crucial to achieving the best outcome.
Negotiation and Settlement
Our expert lawyers will negotiate with the insurance company and other parties for a fair settlement. The aim is to get a lump sum compensation for all your losses.
Court Proceedings
If a settlement can’t be reached, our expert team will prepare for court and guide you through each step to ensure you’re well-prepared and informed.
What Can Your Pedestrian Injury Claim Cover
The amount you may be entitled to following a pedestrian accident depends on many factors, including the severity of your injuries, the impact on your life and the circumstances of the accident.
Common types of compensation include:
- Medical Expenses: Current and future medical costs, rehabilitation, and other related expenses.
- Lost Income: Compensation for lost wages if your injuries stop you from working. This includes future earning capacity if your ability to work is permanently affected.
- Pain and Suffering: Non-economic damages for physical pain and emotional distress.
- Lump Sum Payments: Of severe injuries, victims may be eligible for lump sum payments for permanent impairment.
You should claim compensation for any of the above if you were a pedestrian in an accident involving a car or motor vehicle.
Motor vehicle accidents involving pedestrians typically result in severe injury, and we regularly represent pedestrians injured in such circumstances. Chat to our road accident lawyers today.
Why Fittipaldi Injury Lawyers?
Choosing the right lawyer can make all the difference in your case. Here’s why Fittipaldi Injury Lawyers stand out:
Expertise
Our team of personal injury lawyers have many years of experience with pedestrian accident claims.
We know the ins and outs of these cases and how to get the best results.
No Win, No Fee Policy
You pay no legal costs unless you win compensation.
Proven Results
Our pedestrian injury lawyers boast a history of success.
Our experienced team has obtained maximum compensation for many clients through hard work and exceptional attention to detail.
No Win, No Fee Pedestrian Accident Lawyers Here To Help
If you or someone you know has been injured in a pedestrian accident or car crash, contact us today for a free consultation. Our team is here to help you through the claims process and protect your legal rights.
Testimonials
Exceptional Support and Outstanding Results: My Experience with Fittipaldi Injury Lawyers.
I highly recommend Fittipaldi Injury Lawyers for anyone seeking legal support during challenging times. They have been an unwavering source of support throughout my darkest days, providing exceptional professionalism and dedication every step of the way.
Luke Rijken
There is absolutely nobody in this world I could imagine having in my corner, other than Irini and Antonia. Their care, compassion, honesty, knowledge and professionalism is second to none. Their willingness to go above and beyond for their clients is truly remarkable. I really can't express enough gratitude for their assistance over this period, not only professionally, but emotionally. They have been the shining light on those darkest of days.
M Anon
Highly recommend this Law firm, Gennaro is an exceptional , knowledgeable , along with his team of hard working ethics and very honest from day one the way Gennaro explained the process and how the system works. Also very reliable, every time you need to call or email with any concerns , he will respond accordingly with a solution. I can't thank enough Gennaro and his team for the work and outcome of my case .
Diturim Ameti
FAQs
What to do immediately after a pedestrian accident?
First, get medical attention after a motor vehicle accident, even if you don’t feel seriously injured. Report the accident to the police and get contact details of all parties involved.
Contact a pedestrian accident lawyer as soon as possible to protect your rights.
How long do I have to lodge a claim after a pedestrian accident?
You have one year from the date of the motor vehicle accident to lodge a claim with the Transport Accident Commission.
We recommend you contact a lawyer as soon as possible to ensure you meet all time limits and requirements.
Can I claim if the accident was partly my fault?
Yes, there are no-fault benefits you can claim if you were partly at fault or at fault, including medical and similar expenses, loss of earnings, and permanent impairment.
If your injury is serious and you were partly at fault, you may also be able to claim common law damages but your compensation may be reduced due to contributory negligence.
It is best you get professional advice on this to assess the likelihood of success and what percentage contributory negligence should be attributable to your claim.
What types of compensation are available for pedestrian accident victims?
Compensation can cover medical expenses, lost wages, pain and suffering and lump sum payments for severe injuries.
The amount will depend on the severity of your injuries and other factors.
Get Your
Free Consultation
Call us today to schedule your free, in-person consultation with our expert Pedestrian Accident Lawyers to assess your claim.
