Pedestrian accidents can be traumatic, life-altering events that result in significant physical, emotional, and financial hardships.
If you are a pedestrian who has been injured on a road or public place by a registered motor vehicle, you can claim compensation through the Transport Accident Commission (TAC), regardless of who was at fault.
As an injured pedestrian, you are entitled to the following TAC benefits:
- Medical and rehabilitation expenses
- Loss of income payments
- Lump sum compensation (for permanent impairment)
- Common law damages (if someone else was at fault and you have suffered a “serious injury”)
You have 12 months from the date of the accident, or the date in which your injury manifests to lodge your TAC claim. There are exceptions to this timeframe. If 12 months have passed, you may still lodge a TAC claim within three years, but you run the risk of the claim not being accepted.
There are some important things to keep in mind:
- Seek medical attention even if your injuries seem minor. Keep records. Seeking medical attention sooner rather than later can help avoid the ‘how do we know this injury was caused by the crash?’ type arguments from the TAC
- Take notes about the accident and keep all records. This includes photos of the vehicle that hit you and the number plate. Note the driver’s licence details and contact information of any witnesses
- Report the accident to police. Even if the police do not attend the scene of the crash you should go to a police station as soon as practical after the accident and ensure a collision report is made. In order for a TAC claim to be accepted, the crash needs to be reported to the police.
- Get legal advice. It is never too early to know your rights and an experienced personal injury lawyer can navigate the process for you, ensuring you get the maximum compensation. Personal injury lawyers will usually provide free initial advice, and it is important you understand how to access compensation for your out-of-pocket medical expenses and your time off work.
Common Law claims (if there was negligence)
On top of the standard TAC entitlements, if you are left with permanent injuries that affect your life and can show that someone else was at fault, you may also bring a ‘Common Law’ claim and be eligible for damages. The majority of Common Law claims are settled following negotiations with the TAC, without the need to bring proceedings before a Court, but seeking legal advice from a personal injury specialist is crucial and most will work on a no-win, no-fee basis.
Maddens Lawyers provides a no win, no fee service, which means that if we agree to act for you, your compensation payout won’t be choked by legal fees. And if you don’t win, there will be no fee to pay. Contact our experienced team today on 1800 458 871 or request a call back.
