Motor accident lawyer Coledale: riding, cycling or on foot

A pedestrian hit by a car, truck, bus or motorbike claims against that vehicle's CTP insurer. You don't need a car or a licence. Drivers must keep a lookout for pedestrians, yet blame doesn't always sit with the driver alone. An insurer may argue you contributed, for example by crossing against the lights, which can reduce some later entitlements without stopping the claim.

When a driver says you stepped out suddenly, video from a shop, a bus or a council camera may show otherwise. Ask the owner in writing to keep it, giving the date, time and exact spot. Do it quickly, or have someone do it for you while you recover, because many systems record over within days.

Rideshare and taxi drivers are in a different position from their passengers. Many rideshare drivers are engaged as contractors rather than employees, which can make CTP their main path after a crash: statutory benefits from the at-fault vehicle's insurer, or their own vehicle's if they caused it. It depends on the actual arrangement, so have it checked before lodging.

Delivery riders use bikes, e-bikes, scooters, motorbikes and cars, and a motor vehicle is often involved when they're hurt. A rider who is an employee and working at the time generally needs to claim workers compensation first, with a CTP damages claim against an at-fault driver still possible. Some platforms also carry their own injury cover, on terms that vary, so keep any policy you were given.

Missing or inadequate gear can become an argument: the insurer may claim a particular injury would have been less serious with proper protection. Where the evidence backs that up, contributory negligence can reduce the claim by a percentage. If the rider is found more than 61% at fault, the damages claim is lost, and statutory benefits are generally limited to the first 52 weeks. Keep damaged gear unrepaired, and photograph it from every side.

Riding pillion puts you in much the same position as a car passenger. You weren't steering, braking or choosing the line, so the fault question is mostly about the riders and drivers involved. Your claim goes to the insurer of whichever vehicle caused the crash, which may be the bike you were on. It is made against the insurer, never the rider personally.

Heavy-vehicle crashes often draw in more people than a car crash: an operator, perhaps a separate trailer owner, a company that loaded the truck, and other drivers. Your injury claim still starts in one place, the CTP insurer of the vehicle at fault. Questions about the other parties can wait, and a lawyer can look at them if a damages claim follows.

Interstate trucks are a constant presence on the Hume, Pacific and Newell highways. A crash with one in NSW is generally still handled under the NSW scheme, though identifying the insurer can take longer. Make sure the claim records the truck's home state and the precise location, so the paperwork doesn't stall.

For crashes involving trucks, buses and rideshare cars, the operator may hold records you don't: onboard cameras, telematics, trip logs and driver hours. They aren't kept forever. Note the company, the route or fleet number and the time, and ask early. For passengers, a trip receipt or card record shows you were on board.

• Helmet, handlebar or dashcam footage, saved as the original file
• Your ride-tracking or GPS file from the day
• Written requests for shop, station or bus footage
• Names and numbers of witnesses who stopped