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Pedestrian Accident Lawyer

Advocating for Injured Pedestrians in Queensland

Pedestrians injured in conjunction with the operation of a motor vehicle on a Queensland road have a right to seek and obtain compensation for injuries and consequential losses from the Compulsory Third Party (CTP) insurer of the at-fault vehicle. Where a pedestrian is injured on public or private property, they may have a claim for personal injuries and consequential losses against the public authority or private owner of the property where the accident occurred. Our lawyers can provide legal guidance to ensure injured pedestrians receive appropriate compensation. Rin Kim Law offers complimentary, obligation-free and confidential case reviews to see whether you have a pursuable case and to answer any associated questions.

Understanding Pedestrian Accident Claims

Legal Rights of Pedestrians

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Pedestrian accident claims involve legal action taken by pedestrians injured due to the negligence of drivers, property owners and managers, or other parties. Common causes of pedestrian accidents involving motor vehicles include drivers failing to stop at pedestrian crossings, distracted driving, failing to keep proper lookout when entering or exiting roads, and poor road or lighting conditions that lead to reduced visibility.

Under Queensland law, pedestrians have specific rights, including the right of way in many scenarios.

Types of Pedestrian Accidents

When You Need a Pedestrian Accident Lawyer - Understanding the Key Scenarios

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Pedestrian accidents can occur in various settings and are often characterised by their severe consequences where motor vehicles are involved. We are prepared to handle a diverse range of pedestrian accident cases. From common crosswalk incidents to hit-and-run accidents and particularly sensitive cases involving children, our pedestrian accident lawyers are ready to address the legal complexities of these accidents.

Crosswalks are supposed to be safe places for pedestrians to cross, however, serious accidents regularly occur when drivers fail to yield right of way or are distracted, and where pedestrians unfortunately assume that they have been seen and that the approaching vehicle will stop in time.
Hit-and-run accidents can create unique challenges, especially when the driver responsible for the injuries cannot be immediately identified. Certain reasonable enquiries must be conducted in a timely fashion in order to ensure that the statutory insurer for unidentified motor vehicles, the Nominal Defendant Queensland, is obliged to become involved and to pay compensation for accident injuries and consequential losses.

Accidents involving young pedestrians are particularly tragic and require a sensitive and thorough approach. We manage these delicate cases with a focus on the long-term needs and rehabilitation costs of young victims, ensuring that families receive support for future expenses due to the accident.

Frequently Asked Questions

What should I do immediately after being involved in a pedestrian accident?

If you are a pedestrian injured in a motor vehicle accident, if you are physically able to do so, you should obtain the driver’s licence and registration details, driver and passenger contact details, take photographs of the accident scene, obtain witness names and contact details and immediately notify the Queensland Police Service (so that their investigations and enquiries can commence). You should then seek medical attention, even if you do not think you are seriously injured. If you are a pedestrian injured in a slip, trip or fall on private or public property, you should take photographs of the accident scene and of your injuries, seek medical treatment and, if you can identify the owner/ occupier of the property where the injury was sustained, notify that party of your injuries and how they were sustained.

It is also recommended that you contact and engage a lawyer as soon as possible, as early legal advice and assistance can be instrumental in locating and preserving crucial evidence, identifying responsible parties and strengthening your claim.

Our lawyers can handle all communications and negotiations with insurance companies to ensure you receive appropriate compensation, and litigate on your behalf should a settlement not be reached.

Compensation may cover various damages, including medical expenses, lost wages, future economic loss, pain and suffering, and future rehabilitation costs.

The simple answer is “yes”. There are a number of avenues of enquiry that can be pursued to identify and locate responsible parties who do not remain at the scene of an accident. If they are successful, a claim can then proceed against that identified party. If the responsible driver and vehicle cannot be identified or located, the investigations conducted can then be used to convince the Nominal Defendant Queensland, as default compulsory third party insurer of unidentified and uninsured vehicles to respond to your claim and pay the compensation.

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At Rin Kim Law, our lawyers are available to listen to your story about the circumstances of your injury or your current workplace issues as an employer or employee. From there, our lawyers will endeavour to determine whether we are able to assist and offer you a path forward with an explanation of the recommended process.

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