Pedestrian injuries occur when someone on foot, riding a mobility device, or pushing a bike is struck by a motor vehicle. In Australia, pedestrians represent the largest group of road users and are highly vulnerable to severe injuries, including head trauma, broken bones, internal injuries, and spinal damage due to a lack of physical protection.
Pedestrian Accident Compensation in Western Australia: If you’re hit by a vehicle as a pedestrian in WA, you can claim compensation through the Insurance Commission of Western Australia (ICWA) for medical expenses, lost income, and pain and suffering. Claims are processed through the driver’s Compulsory Third Party (CTP) insurance, regardless of who was at fault for catastrophic injuries.
Key Facts:
- Vehicles must give way to pedestrians when turning, at intersections, and at all pedestrian crossings
- Pedestrian injury claims follow the same process as motor vehicle accidents through ICWA
- You must report the accident to WA Police and lodge an online crash report with ICWA
- No win, no fee legal representation is available for pedestrian injury claims
Your rights and responsibilities as a pedestrian
Above all, pedestrians have a responsibility to follow pedestrian road rules. These include:
- Not staying longer than necessary on the road when crossing;
- When walking on the road, not moving into the path of a driver or obstructing the path of another pedestrian;
- Not starting to cross at traffic lights at a red pedestrian light.
Vehicles must give way to pedestrians when turning, when making a U-turn, at all intersections and stop signs, and at all pedestrian crossings.
It is also important for cars to exercise caution around “high risk pedestrians”, which include very young children, or adults older than 65.
Types of pedestrian injuries
As pedestrians don’t have much physical protection in a crash (unlike drivers or passengers who may have in-car airbags or other safety devices), pedestrian injuries tend to be quite severe. They can include neck injuries, internal injuries, broken bones, head injuries and back injuries. Psychological trauma resulting from these injuries is also not uncommon.
What kind of compensation can pedestrians get?
In Western Australia, if you are hit by a car or any other type of motor vehicle, as a pedestrian, you may be entitled to certain compensation.
Pedestrians can claim CTP insurance compensation against the person driving the vehicle at fault. No fault claims can also be brought, but only where the pedestrian suffers a catastrophic injury. Under this compensation band, pedestrians can claim medical expenses, economic losses, travel expenses and general support.
In a hit and run accident, investigations are often required to determine the liability of a pedestrian’s claim. If there were no witnesses, it’s advised to consulted an experienced compensation lawyer who can provide you with specific legal advice should you wish to proceed with your claim.
How to make a pedestrian injury claim
Processing a pedestrian injury claim involves a similar process to claiming a motor vehicle accident injury. Both are managed by the Insurance Commission of Western Australia (ICWA).
To lodge a pedestrian injury claim, you’ll need to report the accident to the WA Police and then lodge an online crash report with ICWA. Once ICWA provide you with a claim number, the next step in the claim process involves various investigations and evidence collection. Typically, pedestrian injuries compensation claims are settled by negotiation, and if a desired outcome is not met, legal proceedings may be necessary.
Services Offered by Soul Legal
We understand that if a claim has been lodged, the pedestrian injury claims process can be incredibly stressful, on top of any injuries you have already sustained and need to attend to. That’s why our professional team of motor vehicle accident/personal injury lawyers offer a no win – no fee* service, and offer a FREE no obligation claims assessment, which we usually deliver within 48 hours.
Kevin Wong is the Director of Soul Legal and a seasoned Perth-based personal injury lawyer who has been passionately representing injured clients across Western Australia since 1991, handling everything from minor claims to complex catastrophic injury cases.
