Being injured as a pedestrian in a motor vehicle accident can be shocking and devastating. In most cases in Australia, pedestrians can claim injury compensation when they are involved in a traffic accident, even if they were partly at fault.¹ 

Every state provides different policies for motor injury insurance to drivers, passengers, pedestrians, cyclists, and others injured by a motor vehicle. In Western Australia, this insurance is paid for using car registration fees and allows injured persons to claim the compensation they need for medical expenses, lost wages, and recovery.

Injuries to pedestrians frequently happen on roads in the CBD, suburbs, regional areas, and highways. Sadly, around 13% of all road fatalities in Australia each year are pedestrian deaths.² When pedestrians do survive traffic accidents, their injuries are often catastrophic and life-changing, which is why compensation should be immediately sought out. 

If you were involved in a traffic accident as a pedestrian, you need to know how to claim and what you can receive compensation for. 

Beginning a Claim as an Injured Pedestrian

The high impact damage that cars and other vehicles cause to a pedestrian’s unprotected body can lead to severe injuries and permanent disability. Most pedestrians involved in accidents were put at risk due to several factors, such as the speed of the vehicle, visibility of the pedestrian, lack of proper pedestrian walkway facilities, and driver distraction/fatigue.³  

No matter the circumstances of the traffic accident, there are three critical steps to begin a claim for injury compensation:

  • Getting a Professional Injury Assessment – Whether you went to the hospital after the accident or not, it is imperative to have an injury assessment with a doctor as soon as possible. Even if you feel fine, you still need to see a doctor. An injury assessment will lead to you getting treatment sooner and the assessment will be used in your compensation claim. 
  • Filing a Police Report – Traffic accidents in Western Australia can be officially reported by all parties. Passengers, pedestrians, and cyclists are all encouraged to report their version of events. This report is an important record and may be used in your compensation claim. The easiest way to report an accident is to use the Online Crash Reporting Facility, hosted by the WA Police and WA Insurance Commission. 
  • Finding Legal Assistance – Compensation claims for pedestrians injured in traffic accidents are often long and complex. Contacting an injury compensation lawyer for assistance is the best way to ensure your claim progresses smoothly and that you get the highest compensation available to you. 

At CLP Legal, we specialise in compensation law for pedestrians and others injured in traffic accidents. We can manage your claim to help you get the best compensation and treatment, meaning you have less stress during your recovery.

Maximum Compensation for Injured Pedestrians

A large amount of compensation is available to pedestrians and others injured in traffic-related accidents in Western Australia. Injured persons are covered for medical treatment and compensation by the state’s Motor Injury Insurance. Determining the maximum compensation available to injured pedestrians is a complex process and depends on the circumstances of the accident. 

It is best to seek legal advice to find out exactly what you can claim. In general, injured pedestrians can claim compensation for the following:

  • Treatment – The claimable costs for treatment after an accident include ambulance services, hospital services, doctor and specialist appointments, dental services, medical scans, medication, equipment like crutches, and more. 
  • Rehabilitation – Rehabilitation and recovery costs are claimable and include home support services, rehabilitation services, therapy services, and medical aids.
  • Compensation – Persons injured in a motor vehicle accident are entitled to financial compensation for lost wages, lost work, and travel costs during treatment and recovery. Compensation is also available for pain, suffering, and mental health conditions like PTSD, anxiety, or depression.⁴ 

If you want to pursue the maximum injury compensation for your claim, get in touch with our team at CLP Legal. We make sure that you receive all the benefits and financial aid you deserve. Compensation claims can sometimes last years, and CLP Legal will support you in all legal matters from the beginning to the end of your claim.

Looking for legal advice?

If you have experienced a personal injury in your workplace or public space and you are seeking legal advice from a trusted and experienced law firm in Perth, please contact us today on 08 9339 9600. We will be by your side every step of the legal process.