Pedestrian Accident Lawyer Liverpool

You can claim for any accident where a driver's negligence caused your injuries as a pedestrian. This covers a wide range of situations, not just crosswalk collisions.

Common pedestrian accident types include:

• Crosswalk and intersection accidents. Drivers running red lights, failing to stop at zebra crossings, or turning without checking for pedestrians.
• School zone accidents. Drivers speeding or not watching for children near schools.
• Footpath strikes. Vehicles mounting the footpath due to lost control, speeding, or driver error.
• Car park collisions. Drivers reversing or turning without checking for pedestrians in shopping centre car parks.
• Hit-and-run accidents. If the driver can't be found, you can still claim through the Nominal Defendant scheme.
• Residential street accidents. Drivers speeding through quiet streets where children play and people walk.

The key question is simple: did the driver fail to take reasonable care, and did that cause your injury? If the answer is yes, you have grounds to claim.

Pedestrians don't have seatbelts, airbags, or any protection. That's why injuries tend to be severe, and that's why the law takes these claims seriously. Call us on 1300 011 149 to discuss your specific accident.

Pedestrian accident compensation in NSW depends on your injury, how it affects your life, and how long recovery takes. Because pedestrians have no protection from impact, injuries tend to be more severe than other road accidents.

Here's what typical ranges look like:

• Minor injuries like sprains, cuts, and bruises: $5,000 to $20,000. These usually heal within weeks to months.
• Moderate injuries like broken bones, head knocks, and deep cuts: $20,000 to $100,000. Recovery takes months, and you may miss work.
• Serious injuries like complex fractures, head trauma, and spinal damage: $100,000 to $500,000+. These need surgery, long rehab, and often cause lasting problems.
• Catastrophic injuries like permanent disability, brain damage, or paralysis: $1,000,000+.

Your compensation covers:

• Medical and rehab costs (past and future).
• Lost wages while you can't work.
• Reduced earning capacity if you can't go back to your old job.
• Weekly payments: 95% of your pre-accident pay for weeks 1 to 13, then 80% for weeks 14 to 26.
• Pain, suffering, and loss of enjoyment of life. You need to meet the 10% Whole Person Impairment threshold for this.

Children typically receive higher awards because their injuries affect a longer lifetime. We provide detailed estimates after reviewing your medical reports.

No Win No Fee means exactly what it sounds like: if we don't win your claim, you don't pay us a cent. It's that simple.

Here's how it works in practice:

1. You pay nothing upfront. We cover all costs while your claim runs, including legal fees, medical reports, expert reports, investigation costs, and court filing fees.
2. If we lose, you owe us nothing. We absorb every cost ourselves. That's our risk, not yours.
3. If we win, our fee comes from your compensation. Typically 25% to 33%, agreed before we start. No surprises.
4. We arrange insurance to protect you against the other side's costs if needed. This is included at no extra charge.

Why this matters for pedestrian accidents:

Pedestrian claims often involve serious injuries, which means they need specialist medical reports, accident reconstruction, and sometimes court proceedings. These things cost thousands. Without No Win No Fee, many people with strong claims simply couldn't afford to pursue them.

The arrangement aligns our interests with yours. We only get paid when you do. That means we're motivated to get you the best possible result.

Call us on 1300 011 149 for a free consultation. We'll tell you honestly whether your case has merit.

You have three years from the date of your accident to start legal proceedings. Miss that deadline and you'll almost certainly lose your right to claim, no matter how strong your case is.

But the three-year limit isn't the only deadline that matters. There are earlier ones:

• 28 days: You must report the accident to NSW Police.
• 3 months: You should submit an Application for Personal Injury Benefits to the at-fault driver's CTP insurer. This gets you access to statutory benefits (medical costs, weekly payments) regardless of who was at fault.
• 3 years: The final deadline to start court proceedings under the Motor Accident Injuries Act 2017.

Why you shouldn't wait:

Evidence gets weaker over time. CCTV footage is deleted after 30 to 90 days. Witnesses forget details. The driver's insurer will use delays against you, arguing that if your injuries were serious, you would have claimed sooner.

For serious injuries that need ongoing treatment, lodge your claim within the first 12 months while medical evidence is fresh. For minor injuries, aim for 6 months.

Contact us early. The sooner we start, the stronger your evidence and the better your outcome.

Yes. Being partly at fault doesn't stop you from claiming. It just reduces how much you receive.

NSW law uses a system called contributory negligence. A court looks at what both you and the driver did, then splits the blame on a percentage basis. Your compensation is reduced by your share of fault.

Here's a simple example:

Your claim is worth $100,000, but you're found 30% at fault. You'd receive $70,000.

Common situations where pedestrians share some fault:

• Jaywalking or crossing outside a marked crossing.
• Crossing against a red pedestrian signal.
• Being distracted by a phone while stepping onto the road.
• Walking on the road instead of the footpath.

But here's what's important: even if you did something wrong, the driver may still be mostly at fault. A driver doing 60 in a 40 zone who hits a jaywalking pedestrian is likely to carry most of the blame. Courts recognise that drivers control heavy machines and owe a higher duty of care to vulnerable pedestrians.

If your share of fault goes above 61%, your access to certain CTP benefits is affected. But even then, you may still recover compensation.

We'll review the facts of your accident and give you an honest assessment of how fault is likely to be split.

The stronger your evidence, the stronger your claim. Here's what matters most, and what you should try to collect as soon as possible after your accident.

Gather straight away (before evidence disappears):

• Photos of the accident scene, road conditions, traffic signals, and any skid marks.
• Photos of your injuries (taken at hospital and throughout recovery).
• Names and phone numbers of anyone who saw the accident.
• The driver's details: name, licence, registration, and insurance.
• A police report. Call the Police Assistance Line on 131 444 for non-emergency matters.

We'll help collect these:

• CCTV footage from nearby shops, traffic cameras, or ATMs. This is typically deleted after 30 to 90 days, so we need to act fast.
• Dash cam footage from the driver's vehicle or nearby cars.
• Your full medical records from Liverpool Hospital or wherever you were treated.
• Specialist reports (surgeons, physios, psychologists) documenting your injuries.
• Wage records and tax returns proving lost income.

What makes the biggest difference:

CCTV and dash cam footage can prove exactly what happened. Witness statements back up your account. Medical records link your injuries directly to the accident. The more evidence we have, the harder it is for the insurer to dispute your claim.

Don't worry if you couldn't collect everything at the scene. We handle the formal evidence gathering. Just contact us as early as you can.

Yes, jaywalking doesn't automatically stop you from claiming. It's one of the most common questions we hear, and the answer surprises many people.

NSW law doesn't use an all-or-nothing approach. Instead, it weighs what both you and the driver did. If the driver was also at fault (speeding, not watching the road, running a light), they share the blame.

Real-world examples:

• You jaywalked across a quiet street, but the driver was doing 70 in a 50 zone. The driver's speeding likely outweighs your jaywalking.
• You stepped onto a busy road without looking, and the driver was going the speed limit with clear visibility. You'd carry a larger share of fault, possibly enough to reduce your payout significantly.
• A child jaywalked near a school, and the driver was travelling above the 40 km/h school zone limit. The driver would likely be found mostly at fault.

How it affects your compensation:

The court assigns a percentage of fault to each side. Your compensation is reduced by your percentage. So if you're 25% at fault on a $100,000 claim, you'd receive $75,000.

If your fault goes above 61%, your access to certain CTP statutory benefits is affected. But most jaywalking cases still result in partial recovery because the driver almost always shares some blame.

We'll look at the specifics of your accident and tell you honestly where fault is likely to land.

You can absolutely claim for injuries on footpaths and in car parks. These aren't grey areas in the law.

Footpath accidents:

Footpaths are pedestrian zones. Vehicles have no right to be there. If a car mounts the footpath and hits you, the driver is almost always fully at fault. This happens when drivers lose control, reverse off driveways without looking, or take shortcuts through pedestrian areas.

Courts treat footpath strikes seriously because pedestrians have every right to feel safe on a footpath. Compensation often reflects this, with awards tending to be higher because the driver's error is so clear cut.

Car park accidents:

Shopping centre car parks, including areas around Westfield Liverpool, are common spots for pedestrian injuries. Drivers reversing without checking mirrors, speeding through car park lanes, or failing to stop for pedestrians at crossings are all grounds for a claim.

Car parks can involve dual liability. The driver is at fault for hitting you, and the shopping centre may share blame if the car park layout was unsafe, lighting was poor, or pedestrian walkways weren't properly marked.

Key evidence for these claims:

• CCTV footage (car parks and shops usually have cameras).
• Photos of the scene showing layout, lighting, and any hazards.
• Witness statements from anyone nearby.

Whether you were on a footpath outside your home or walking through a shopping centre car park, you have the right to claim. Call us to discuss the details.

Yes. A hit-and-run doesn't end your right to claim. NSW has a safety net specifically for this situation.

If the driver is found:

Police investigate hit-and-runs as criminal matters. Leaving the scene of an accident is a serious offence. If the driver is found through CCTV, witness descriptions, or number plate records, you claim against their CTP insurer in the normal way.

If the driver is never found:

You claim through the Nominal Defendant scheme, managed by SIRA (the State Insurance Regulatory Authority). The Nominal Defendant steps into the shoes of the unidentified driver's insurer and pays your compensation. You're entitled to the same benefits as if the driver had been identified.

What you need to do:

1. Report the accident to police as soon as possible. A police report is essential.
2. Gather any evidence you can: witness details, CCTV from nearby businesses, descriptions of the vehicle.
3. Contact us quickly. There's a 3-month deadline to submit your Application for Personal Injury Benefits.

Important to know:

The Nominal Defendant doesn't reduce your rights. You're still entitled to medical costs, weekly payments, and (for serious injuries) lump sum compensation. The process takes a bit longer because there's no identified driver to negotiate with, but the outcome can be just as strong.

Hit-and-runs are frightening, but you're not left without options.

Yes, and children's claims often result in higher compensation than equivalent adult claims.

Children can't run claims themselves. A parent or guardian acts as the "litigation guardian," making decisions and signing documents on the child's behalf. Any settlement must be approved by a court to make sure it's fair and in the child's best interests.

Why children receive higher compensation:

• Longer impact. A 7-year-old with a permanent injury lives with it for decades longer than a 50-year-old with the same injury.
• Greater future loss. Courts calculate lost earning capacity over a full working life. A child who can't work in their chosen career loses decades of income.
• Special vulnerability. Courts recognise that children can't judge vehicle speed or stopping distance the way adults can. This means the driver carries more blame.

What compensation covers for children:

• All medical and rehab costs.
• Pain and suffering.
• Lost schooling time and tutoring costs.
• Future care needs if the injury is ongoing.
• Reduced earning capacity across their entire working life.

For catastrophic injuries (permanent disability, brain damage), the Lifetime Care and Support Scheme run by icare NSW provides ongoing treatment, rehab, and care for life.

Parents can also claim. If you witnessed your child being hit, you may have a separate claim for psychological injury.

Moderate child pedestrian injuries often result in awards of $200,000 or more. If your child was injured, call us. These claims deserve urgent attention.

School zone accidents are among the strongest pedestrian claims you can bring. Drivers in school zones owe a higher duty of care, and courts treat breaches of that duty very seriously.

Why school zone claims are strong:

Drivers must slow to 40 km/h in school zones during school hours. They must watch for children and crossing guards. They must expect the unexpected, because children are impulsive and don't always check for traffic. A driver who hits a child in a school zone while speeding, distracted, or failing to watch for kids has clearly breached their duty.

Compensation tends to be higher because:

• The driver's negligence is usually obvious and hard to defend.
• Children receive enhanced compensation due to their vulnerability and the long-term impact of injuries.
• Courts recognise that school zones exist specifically to protect children.

Your child's claim can include:

• All medical and rehab costs.
• Pain and suffering.
• Lost school time and catch-up tutoring.
• Future care and treatment if injuries are ongoing.
• Reduced earning capacity over their full working life.

Your own claim:

If you witnessed your child being struck, you may have a separate claim for psychological injury. PTSD, anxiety, and depression following witnessing a child's injury are real and compensable.

These cases often settle faster because insurers recognise the strong position of the claimant. CTP insurers rarely fight clear school zone negligence at trial.

Call us to discuss your child's school zone accident. We treat these cases with urgency.

Absolutely. Crossing slowly does not reduce your right to claim. In fact, drivers are expected to account for slower pedestrians.

Traffic light timing already factors in elderly and mobility-impaired pedestrians needing more time to cross. If you started crossing on a green signal but couldn't finish before it changed, the driver must still let you complete your crossing. Hitting you in that situation is negligent.

The law is on your side:

Drivers must expect a mix of pedestrian speeds, including people using walking frames, wheelchairs, and mobility aids. Courts don't treat slow crossing as carelessness. It's a normal part of pedestrian movement.

Why compensation for elderly pedestrians is often substantial:

• Injuries are worse. Older bones break more easily and heal more slowly. A fall that might cause bruising in a younger person can cause fractures, hip breaks, and head injuries in someone over 65.
• Recovery takes longer. Extended hospital stays, rehab, and nursing care add up.
• Quality of life impact is greater. An elderly person who loses mobility may never regain full independence.
• Existing conditions worsen. The "eggshell skull" rule means the driver is liable for all injuries, even if a pre-existing condition made them worse.

Your claim can include:

• Medical costs, surgery, and rehab.
• Nursing care and home assistance.
• Pain and suffering.
• Loss of independence and enjoyment of life.

You don't need to prove you were crossing at a certain speed. You just need to prove the driver was at fault. We'll handle the rest.

Yes. Scarring is treated as its own category of injury with its own payout. Pedestrian accidents often cause scars from road rash, cuts from the vehicle, and face injuries from hitting the ground.

How the law treats scarring:

Courts look at two things: whether the scar limits how your body works (like tight skin restricting movement), and how it affects your appearance and mental health.

Compensation ranges:

• Minor visible scarring: $20,000 to $50,000.
• Moderate scarring affecting appearance: $50,000 to $100,000.
• Major facial scarring needing surgery: $100,000 to $150,000+.

Factors that increase scarring compensation:

• Age. A 25-year-old lives with scarring for 60+ years. A younger person generally receives more.
• Location. Facial scarring gets higher awards than scarring on covered areas of the body.
• Career impact. If scars stop you working in roles that need face-to-face contact, you can claim for lost income.
• Mental health impact. Shame, social anxiety, and loss of confidence are real injuries. Courts award separate payouts for the mental toll of visible scars.

Your claim can include:

• Compensation for the scarring itself.
• Costs of treatment (cosmetic surgery, laser treatment, dermatology).
• Psychological treatment for distress caused by the scarring.
• Lost income if scarring affects your work.

Take photos of your injuries from the start and throughout your recovery. Visual evidence is powerful in scarring claims.

Most pedestrian accident claims settle within 9 to 18 months, but the timeline depends on your injury, the insurer's response, and whether fault is disputed.

Here's what a typical timeline looks like:

• Weeks 1 to 4: Report the accident to police, see your doctor, contact us. We'll lodge your Application for Personal Injury Benefits with the CTP insurer.
• Months 1 to 6: You focus on treatment and recovery. We gather evidence, obtain medical records, and build your case.
• Months 6 to 12: Once your injuries stabilise, we get specialist reports that value your claim. We then present your case to the insurer and start negotiations.
• Months 12 to 18: Most claims settle through negotiation. If the insurer makes a fair offer, we resolve it. If they don't, we proceed to the Personal Injury Commission (PIC) for independent assessment.

What can make it take longer:

• Serious injuries that take over 12 months to stabilise.
• Disputed fault (the insurer blames you for the accident).
• Multiple parties involved (driver plus council, or driver plus shopping centre).
• The insurer making lowball offers that we can't accept in good conscience.

What can speed things up:

• Clear liability (CCTV showing the driver ran a red light, for example).
• School zone accidents where driver negligence is obvious.
• Straightforward injuries with clear medical evidence.

We keep you informed at every stage. You'll never be left wondering where things stand.

The steps you take right after an accident protect both your health and your right to claim. Here's what to do, in order.

At the scene:

1. Get medical help. Call 000 if you or anyone else is seriously hurt. Even if injuries seem minor, go to Liverpool Hospital or your GP as soon as you can. Some injuries don't show symptoms for hours or days.
2. Call the police. You must report the accident within 28 days, but reporting straight away means police can document the scene while evidence is fresh. For non-emergencies, call the Police Assistance Line on 131 444.
3. Get the driver's details. Name, licence number, registration, phone number, and insurance details.
4. Take photos. The accident scene, road conditions, traffic lights, skid marks, vehicle damage, and your injuries.
5. Get witness details. Names and phone numbers of anyone who saw what happened.

In the days after:

1. See your doctor. Get every injury documented, even ones that seem small. Medical records from the first few days carry the most weight.
2. Keep records. Save all receipts for medical costs, transport, and any other expenses. Keep a diary noting your pain levels, sleep, and what you can't do.
3. Don't sign anything from the insurer without speaking to a lawyer first.

Contact us early. The sooner we're involved, the sooner we can preserve CCTV footage, secure witness statements, and lodge your claim within the CTP deadlines.

Call 1300 011 149 for a free consultation.