Pedestrian accidents can happen in an instant, but the consequences can last a lifetime. Whether you were struck at a crossing, in a car park or on the footpath, the injuries you sustain can change your life. If you have been injured as a pedestrian in Victoria, it is important to understand your rights and the compensation that may be available to you.

In most cases, injured pedestrians can access financial support and compensation through Victoria's Transport Accident Commission (TAC) scheme. This applies regardless of who was at fault.

At Maddens Lawyers, our experienced personal injury team led by Jess and John regularly assists injured pedestrians navigate the TAC system and maximise their entitlements. If you have been injured, speaking to a lawyer early can make a significant difference to the compensation you can receive.

Can pedestrians claim TAC compensation?

If you were injured by a motor vehicle on a road or in a public place in Victoria, you are generally eligible to lodge a TAC claim. The TAC scheme is a Victorian Government no-fault insurance system. Therefore, you are potentially able to claim for compensation even if the accident was your fault.

The TAC scheme covers a wide range of scenarios, including:

• A pedestrian being hit while crossing the road
• A pedestrian being hit while walking on the footpath
• A pedestrian becoming injured in a public or private car park
• Incidents involving bicycles, cars, motorcycles, public transport or trucks
• Hit and runs; if the drive fled the scene or if the car is unregistered

If you are unsure whether your circumstances qualify, it is worth seeking advice. You can contact the team at Maddens Lawyers for guidance tailored to your situation.

What benefits are available through the TAC?

As an injured pedestrian, you may be entitled to a range of benefits to help support your recovery and ensure you are not financially affected. These include:

• Medical and rehabilitation expenses - The TAC can cover reasonable and medically necessary treatments such as GP and specialist appointments, hospital treatment and surgery, physio and other rehab, medication and medical aids, and psychology or counselling.
• Loss of income payments - If you are unable to work due to the injuries you sustained in the accident, the TAC can help to cover your lost earnings while you recover.
• Lump sum compensation for permanent impairment - If your injuries result in a permanent impairment, you may qualify for a lump sum payment. This is based on the Whole Person Impairment (WPI) scale.
• Common law damages - This is separate from the TAC scheme and you must be able to show that another party was negligent and that your injuries meet the legal definition of a "serious injury". Our personal injury team at Maddens Lawyers can assess your eligibility and help determine if you have a basis for a common law damages claim.

What are the time limits for lodging a TAC claim?

Timing is critical when you are lodging a TAC claim. In most cases you have 12 months from the date of the accident, or 12 months from when your injury first became apparent. There are some exceptions to the rules that allow claims to be made up to three years after your accident, however the longer you wait, the greater the risk that your claim may be rejected.

Do not hesitate, speak to our team today to ensure you are able to get the advice you need as soon as possible.

What should you do after a pedestrian accident?

• Seek medical attention - Even if your injuries seem minor, it is essential to see a doctor and keep records of the appointments. Seeking medical attention sooner rather than later can help avoid the "how do we know this injury was caused by the accident?" type arguments from the TAC.
• Report the accident to police - In order for a TAC claim to be accepted, the accident must be reported to the police. Even if the police do not attend the scene of the accident, you should go to a police station as soon as practical after the accident and ensure a report is made.
• Gather evidence - If you can, collect as much information as possible at the scene. This includes photos of the vehicle and accident location, the vehicle registration number, the driver's contact and licence details, and the names and contact details of any witnesses. This evidence will be valuable later in your claim.
• Get legal advice - It is never too early to know your rights. One of the most important steps you can take is to seek legal advice. An experienced personal injury lawyer, such as Jess or John, can explain your entitlements clearly, assist with lodging your TAC claim, ensure all the deadlines are met and help maximise your compensation. At Maddens Lawyers, we offer obligation-free initial discussions so you can understand your options before making a claim.

Understanding common law claims

While TAC benefits provide important support, they do not always fully compensate for the impact of serious injuries. If you are left with permanent injuries that affect your life, and you can show that someone else was at fault, you may be able to bring a 'common law' claim against them.

Most common law claims are resolved through negotiation with the TAC and insurers without the need for a court hearing. However, the process can be complex. Having an experienced legal team on your side ensures your claim is prepared properly and gives you the best chance of a strong outcome.

Why do I need legal advice?

While the TAC scheme is designed to be accessible to all, navigating it alone can be overwhelming, especially when you are already dealing with injuries and the trauma of your accident.

Common challenges you may face during your claim include understanding what benefits you are entitled to, gathering sufficient evidence to ensure the claim is approved, negotiating fair compensation and understanding and completing a common law claim if applicable.

An experienced lawyer like Jess or John can take the pressure and burden off your shoulders. They will advocate for your best interests and help you through every step of the TAC claim process.

No win, no fee. Maddens Lawyers is here to help

We understand that financial uncertainty is one of the main reasons for utilising the TAC scheme and that, during an already high-pressure time in your life, thinking about paying for legal advice is the last thing you want to do. Because of this, Maddens Lawyers offers 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. If your claim is unsuccessful, you will not be charged professional fees.

If you have been injured as a pedestrian on a Victorian road or in a car park, don't delay and speak to our experienced personal injury team today. We can provide advice and help you navigate the TAC claim process to get you the best outcome you deserve.