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Pedestrian hit by car legal advice

admin by admin
February 3, 2021
in Uncategorized
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Pedestrians are classified as members of traffic and in case of an accident, the party at fault might be liable to cover their loss by way ofmotor accident compensation. Every motor vehicle in Australia has the duty to obey the traffic rules and the regulations to avoid harm on others.Otherwise, the consequences of their reckless attitudes and behaviours can result in legal sanctions. However, not every adverse situation is determined as the negligence of drivers. As pedestrians are determined as a part of traffic, they are also expected to obey the rules and the limitations as well as respecting the others. While many pedestrian accidents occur from the driver’s negligent behaviour, an unignorable number of accidents occur as a result of jaywalkers and distracted pedestrians. In the modern era, motor vehicles are designed with a purpose to provide interior safety. However, thehuman body compared to a loaded vehicle weighted over a thousand kilograms is likely to suffer catastrophic outcomes in the event of an accident.Under these conditions, it is our duty to respect thewellbeingof each other in the traffic.

 

Table of Contents

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  • Eligibility for compensation
  • Pedestrian mistakes
  • Compensation for pedestrians

Eligibility for compensation

 

In motor vehicle accident injuries, both parties who are at fault and not at fault can recover their medical expenses and loss of income due to being off work. These are called statutory benefits. However, if the injuries are not minor and assessed as permanent impairment, lump sum payment may be awarded taking the degree of fault into consideration. In addition to this, the victim’s contribution to the accident, which is known as contributory negligence, will reflect on the damages awarded.

 

Pedestrian mistakes

 

The purpose of traffic signs is to provide safety by regulating the traffic flow. Understanding who has right of way, shared zones, speed limits, high activity zones, school zones and restricted turn signs is among our duties to contribute to safety.

 

  • Jaywalking

Distraction for a split second in the traffic might lead to unfavourable situations. Not only the motor vehicle drivers but also the pedestrians are obliged to respect the rules to keep others safe as well as their own wellbeing. Jaywalking is an issue, getting more and more common which eventually ends up with a life-threatening situation.

 

  • Obey the intersection rules

The number of intersection accidents reported to police each year is over millions. This is the second highest cause of traffic accidents. While the statistics are threatening, the pedestrians can easily avoid the danger by simply obeying the traffic lights. Vehicles approaching your way might be a lot faster than it seems.

  • Understanding the signs

Neglecting traffic signs might result in unexpected and bothersome situations. Highway engineering is a job that should be respected as these signs are placed after months of analyses. The sole purpose of these signs is to inform drivers, pedestrians, cyclists and scooter drivers on possible dangers.

 

Compensation for pedestrians

 

Pedestrians can equally benefit from income support payments as much as the other motor vehicle drivers and recover their medical expenses by lodging a complaint to the relevant insurer. Under the Motor Accidents Act, every motor vehicle in Australia is obliged to be covered with Compulsory Third Party Insurance, whose sole purpose is to provide payments to those suffering the consequences of an accident. However, more serious injuries and those who are permanently impaired might be awarded lump sum compensation to ease the suffering.To receive lump sum compensation, intense attention the care must be given. You can always request legal assistance from a specialist motor accident lawyer to fully understand your entitlements and manage the process professionally.

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