Can a Pedestrian be at Fault in a Motor Vehicle Accident?

Published by Marshall & Gibson Lawyers on the 13 September 2016

One of the questions that we’re commonly asked is whether a pedestrian can be found at fault (and liable) in a motor vehicle accident. With a 25% increase of pedestrian deaths over the past three years, it’s a very relevant question.

Pedestrians always have right of way

As a motor vehicle driver you are expected to drive in a way that provides duty of care to pedestrians: whether they are crossing at an intersection, changing a tyre on the side of the freeway or walking across a road. In the case that a motorist has caused injury or death to a pedestrian through breach of this duty, the pedestrian will likely be eligible to claim from the driver’s Compulsory Third Party Insurance. In some cases a pedestrian may be found to be partially at fault, and this may potentially affect any claims they make.

Pedestrians and alcohol usage

More pedestrian fatalities occur on Fridays and Saturdays, and alcohol and drug use likely plays some part in this. In fact, recent statistics showed that over 20% of pedestrians killed had a blood alcohol content of 0.15 or higher. Many accidents occur as the result of people running or walking out onto the road outside of pubs or clubs. Ultimately, the responsibility still lies with the motor vehicle driver to provide right of way to pedestrians, even if the pedestrian is intoxicated when an accident occurs.

‘Blameless accident’ legislation and pedestrians

If you were involved in a motor vehicle accident as a pedestrian and no one is found to be at fault, you could still be eligible to make a claim. In this case, you may be able to claim for damages including pain and suffering, medical expenses and other factors suffered as a result of the incident. In this case, professional car accident lawyers in Sydney can help to clarify your case and maximise your payout.

What to do following a pedestrian accident

If you have been involved in a motor vehicle as a pedestrian, it’s imperative that you keep records of everything possible to improve your chances of receiving compensation. This includes, if possible, photos from the incident, details of any witnesses and all medical records and receipts.

Can a motor vehicle accident lawyer in Sydney help your case?

An experienced car accident lawyer in Sydney such as the experts at Marshall & Gibson Lawyers can help to both expedite and increase your claim for compensation as a pedestrian. You may be able to claim for pain and suffering, time off work, medical and rehabilitation expenses, domestic assistance and/or loss of superannuation, depending on the situation. Get in touch today on 1800 675 417. Remember, there are time limitations on motor vehicle accident claims in NSW, so for the best results get in touch as soon as possible.