Pedestrian Accident Lawyer NSW

Pedestrians don't have a green slip of their own, but they're fully covered by the NSW CTP scheme. Your claim is made against the CTP insurer of the vehicle that hit you. If the vehicle can't be identified, or was uninsured, a separate pathway usually applies through the Nominal Defendant.

With nothing between you and the vehicle, injuries tend to be more serious: fractures, head injuries, and injuries that take a long time to settle. That affects how long benefits last and whether you can claim damages.

Issues specific to pedestrian claims

• Fault usually sits with the driver, but it isn't always accepted. Insurers sometimes argue contributory negligence, for example crossing against the lights, stepping out between parked cars, or being affected by alcohol. A share of fault can reduce damages, and being found mostly at fault (greater than 61%) rules damages out.
• Hit-and-run accidents: report to police as soon as you can and keep the event number. Claims involving unidentified vehicles have their own steps and evidence rules.
• Car parks and driveways: accidents off the road can still involve CTP, but where and how it happened matters. Check with a lawyer rather than assuming you're not covered.
• Children: children who were 16 or under at the time of the accident can receive treatment and care for as long as they need it, regardless of fault. A parent or guardian usually runs the claim for them.
• Older pedestrians: recovery can take longer, and the effect on independence and day-to-day care should be recorded from the start.

What a pedestrian accident lawyer typically does

• Identifies the right insurer, including the Nominal Defendant if the vehicle is unknown or uninsured, and lodges the claim on time.
• Gathers evidence of how the accident happened: police records, CCTV, witness statements and the scene itself.
• Checks statutory benefits cover what you actually need: weekly payments, treatment, rehabilitation and care.
• Answers contributory negligence arguments before they shape the rest of the claim.
• Prepares a damages claim where your injury is more than a threshold injury, including past and future loss of earnings and, if your whole person impairment is more than 10%, pain and suffering.
• Advises on any settlement offer and whether the timing is right.

Do you actually need a lawyer?

Not every pedestrian claim needs one. If the driver's fault is accepted and your injuries are settling, you may be able to handle statutory benefits yourself. Legal help tends to matter with serious injuries, a hit-and-run or uninsured vehicle, contributory negligence arguments, a child's claim, or a possible damages claim.

If you need treatment or a Certificate of Fitness first, start with a doctor. We can point you to doctors experienced with CTP claims and allied health for rehabilitation.

Questions to ask a lawyer

• Does anything about where or how I was crossing affect my claim?
• Is my injury likely to be more than a threshold injury?
• What happens if the driver hasn't been identified?
• How are your fees worked out, and can I have that in writing?

Costs

Our claim check is free and comes with no obligation. Many motor accident lawyers offer no win, no fee arrangements; generally, that means you pay no professional fees unless the claim succeeds. Terms vary, including how disbursements are handled, so ask for a written costs disclosure and costs agreement before you sign.

CTP Lawyer isn't a law firm. We help you understand your claim and point you to the help it needs: an independent, specialist motor accident lawyer if your case calls for one, or doctors and allied health for treatment.