​Pedestrian Injury Claims: A Comprehensive Guide for Perth, Western Australia

Pedestrian accidents can result in severe physical and psychological injuries, emotional distress and financial loss and hardship.
 
As an experienced car accident injury law firm in Perth, Western Australia, we understand the complexities of pedestrian injury claims and are dedicated to assisting our clients through the claim process. This comprehensive guide provides information on pedestrian injury claims, helping you understand your rights, responsibilities, and the steps to take after an accident.

Causes of Pedestrian Accidents
 
Pedestrian accidents can occur for various reasons, including driver negligence, pedestrian error, and environmental factors.
 
Some common causes of pedestrian accidents in Perth include:

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1. Distracted driving (e.g., texting, talking on the phone).

2. Failure to give way at pedestrian crossings or intersections.

3. Speeding or reckless driving.

4. Driving under the influence of alcohol or drugs.

5. Poor or reduced visibility due to weather conditions or inadequate lighting.

6. Pedestrians failing to follow traffic signals or crossing the road in unsafe locations.

Injuries Sustained in Pedestrian Accidents
 
Pedestrian accidents, like motorcycle accidents, often result in severe injuries due to the lack of protection afforded to pedestrians compared to vehicle occupants.
 
The types of injuries that are commonly sustained in pedestrian accidents include:

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1. Soft tissue injuries (e.g., whiplash, sprains, strains, and bruises).

2. Fractured and broken bones.

3. Traumatic brain injuries.

4. Internal injuries and bleeding..

5. Spinal cord injuries.

6. Lacerations and abrasions.

7. Psychological.

 
Pedestrian Injury Claim Process in Perth, Western Australia
 
The pedestrian injury claim process involves several stages, including reporting the accident, gathering evidence, establishing liability, quantifying damages and negotiating a settlement at an informal conference or pre-trial conference at the District Court of Western Australia.
 
Below is an outline of the steps involved in the pedestrian injury claim process:
 
Step 1: Report the accident
 
If you have unfortunately been involved and suffered injury in a pedestrian accident, it is essential that you report the incident to the WA Police as soon as possible. You should also report the accident to the Insurance Commission of Western Australia.
 
Step 2: Seek medical attention
 
Your health should be your top priority after a pedestrian accident. Seeking medical attention immediately ensures that your injuries are promptly diagnosed and treated, and also helps establish a causative link between the accident and your injuries.
 
Step 3: Gather evidence
 
Collecting evidence is crucial for building a strong pedestrian injury claim. This may include obtaining contact information of witnesses, taking photos of the accident scene, preserving any physical evidence related to the accident, obtaining medical reports and records and medicolegal reports from appropriate specialists..
 
Step 4: Establish liability
 
To successfully pursue a pedestrian injury claim, you must prove that the at-fault party was negligent and that their negligence caused your injuries. This may involve obtaining expert opinions, analysing police reports, and reviewing traffic laws. The Insurance Commission of Western Australia will appoint an investigator to investigate the circumstances of the accident and will advise you as to whether liability is accepted.
 
Step 5: Quantifying damages
 
In a pedestrian injury claim, you may have an entitlement to claim numerous heads of damage, including past and future medical expenses, lost wages and loss of earning capacity, general damages (pain and suffering, loss of amenities of life, loss of enjoyment of life). It is imperative that all relevant evidence with respect to your claim has been obtained so that damages can be accurately calculated. If not, you will be unlikely to receive the full amount of compensation that you are entitled to for your injuries and losses.
 
Step 6: Negotiate a settlement at an informal conference or commence legal proceedings in the District Court of Western Australia and negotiate a settlement at a pre-trial conference
 
The vast majority of pedestrian injury claims are resolved by way of settlement without needing to go to trial before a Judge. Your lawyer will advise you accordingly and advocate on your behalf, ensuring that your best interests are represented throughout the negotiation process.
 
Time Limits for Commencing Legal Proceedings with Respect to a Pedestrian Injury Claim in Perth, Western Australia
 
In Western Australia, there are strict time limits for filing a pedestrian injury claim. Generally, you have 3 years from the date the accident occurred within which to commence legal proceedings. If you do not do so, you will become statute barred from proceeding with your claim. However, there are exceptions, such as in cases involving minors or individuals with cognitive impairments.
 
How a Car Accident Injury Lawyer Could Potentially Assist with Your Pedestrian Injury Claim
 
Hiring a car accident injury lawyer can significantly improve your chances of obtaining fair compensation for your pedestrian injury claim. Some benefits that can flow from working with a lawyer include:

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1. Expertise in navigating complex legal processes and requirements.

2. Thorough investigation and collection of evidence to support your claim.

3. Accurate calculation of damages to ensure you receive fair compensation.

4. Skilled negotiation with ithe Insurance Commission of Western Australia to achieve a favourable settlement.

5. Preparation for and representation in court, if necessary, to advocate for your best interests.

 
Contributory Negligence in Pedestrian Injury Claims
 
In some cases, a pedestrian may be partially at fault for their injuries, such as when crossing the road in an unsafe location or failing to follow traffic signals. Under Western Australia's contributory negligence laws, your compensation may be reduced in proportion to your degree of fault. An experienced motor vehicle accident lawyer will be well-positioned to advise and assist you with respect to any allegations of contributory negligence.
 
Protecting Your Rights as a Pedestrian
 
To protect your rights after a pedestrian accident, it is essential to:
 

1. Seek medical attention immediately.

2. Contact the WA police to submit a report of the accident. You should request that they provide you with a copy of the submitted report.

3. Document the accident scene and gather evidence. If there were any witnesses to the accident, make a record of their contact details so that a witness statement can be sought from them, if required. You may also wish to take photographs of the accident site and check to see if any dash camera footage was recorded.

4. Avoid discussing the accident with the at-fault party or their insurance company.

5. Avoid posting on social media as comments you make could be misconstrued and consequently damaging to your claim..

6. Consider whether you require a car accident lawyer to guide you through the claims process.

 
Common Questions About Pedestrian Injury Claims
 
Q: How long does it take to settle a pedestrian injury claim?
 
A: The amount of time required to finalise a pedestrian injury claim is dependent upon a number of factors including the complexity of the case, the severity of the injuries, and the approach the relevant parties take during any settlement negotiations. Based on statistics from the Insurance Commission, an average motor vehicle accident injury claim takes approximately 1.5 years from the date of the accident to be finalised.
 

Q: Can I still claim compensation if I was partly at fault for the accident?
 
A: Yes, under Western Australia's contributory negligence laws, you may still be entitled to compensation irrespective of the fact that you were partially at fault for the accident. However, your compensation may be reduced in proportion to your degree of fault.
 
 
Q: What if the driver who hit me was uninsured or fled the scene?
 
A: In cases involving uninsured or hit-and-run drivers, you may be able to pursue compensation through the Insurance Commission of Western Australia. An experienced car accident lawyer will be able help you navigate this process and ensure that your rights are protected.

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