Being hit by a car while crossing the road can be a traumatic experience, but understanding your rights and the compensation claims process can help you navigate the aftermath more effectively. In Queensland, pedestrians have specific rights under the Compulsory Third Party (CTP) insurance scheme, which provides compensation for injuries sustained in motor vehicle accidents. This article will guide you through your rights to making a claim, driver responsibilities, and other factors that could impact your claim.
Your Right to Claim Compensation
In Queensland, pedestrians injured in a motor vehicle accident can claim compensation through the CTP insurance of the at-fault driver. The CTP insurance scheme covers various types of compensation, including:
- Medical Expenses: Costs for hospital visits, treatments, and rehabilitation.
- Lost Income: Compensation for past and future lost wages due to the injury.
- Pain and Suffering: Compensation for physical and emotional distress.
- Other Expenses: Costs related to travel for medical appointments and any necessary domestic assistance.
Driver Responsibilities
Drivers in Queensland have a legal duty to exercise caution and ensure the safety of pedestrians. This includes:
- Giving Way: Drivers must give way to pedestrians at pedestrian crossings, intersections, and when entering or leaving driveways.
- Speed Management: Drivers must adjust their speed to ensure they can stop safely if a pedestrian is crossing the road.
- Vigilance: Drivers must remain vigilant and anticipate the actions of pedestrians, especially in areas with high pedestrian activity.
Factors Impacting Your Claim
Several factors can influence the outcome of your compensation claim, including:
Jaywalking
If you were jaywalking (crossing the road outside of designated pedestrian crossings or against traffic signals), you might still be eligible for compensation. However, your compensation amount may be reduced due to contributory negligence. This means that if you are found partially at fault for the accident, your compensation will be adjusted accordingly.
Intoxication
If you were under the influence of alcohol or drugs at the time of the accident, this could also impact your claim. Intoxication can be considered contributory negligence, potentially reducing the amount of compensation you receive. However, drivers still have a high duty of care to avoid hitting pedestrians, even if they are intoxicated.
Distraction
If you were distracted (e.g., using a mobile phone) while crossing the road, this could be another factor in contributory negligence. Like jaywalking and intoxication, being distracted can reduce your compensation amount, but it does not necessarily disqualify you from making a claim.
Also read: What Do I Do if I’m Injured in a Hit and Run?
Steps to Take After an Accident
- Seek Medical Attention: Get immediate medical care, even if injuries seem minor. Medical records are crucial for your claim
- Report the Incident: Report the accident to the police and obtain a police report number. This report will also be essential for your claim
- Gather Information: Collect the driver’s contact and insurance details, vehicle information, and contact details of any witnesses. Take photos of the accident scene, your injuries, and any relevant road conditions
- Lodge a CTP Claim: Complete and submit a Notice of Accident Claim Form to the at-fault driver’s CTP insurer. If the driver is unidentified or uninsured, you can lodge a claim with the Nominal Defendant
- Seek Legal Advice: Consider consulting a personal injury lawyer to help navigate the claims process and ensure you receive the maximum compensation you are entitled to
Seeking Further Information?
If you are hit by a car while crossing the road in Queensland, you have the right to claim compensation through the CTP insurance scheme. While factors such as jaywalking, intoxication, and distraction can impact your claim, they do not necessarily disqualify you from receiving compensation.
Understanding your rights and following the correct procedures can help you secure the compensation you deserve. Smith’s Lawyers compensation experts offer free case reviews to check your legal rights.
Smith’s Lawyers services clients risk-free across the whole of Queensland including Brisbane, Gold Coast, Sunshine Coast, Logan, Ipswich and regional cities including Cairns, Toowoomba, and Townsville.
