What To Do Pedestrian Involved In Accident Victoria?

Pedestrian accidents can be traumatic and life-altering for those involved. In Victoria, knowing what to do in the event of an accident can make all the difference in ensuring the safety and well-being of everyone involved.

Whether you are a pedestrian who has been hit by a vehicle or a driver who has hit a pedestrian, it is important to understand the legal and practical steps that need to be taken immediately following the accident. In this article, we will explore the crucial information and actions that can help you navigate a pedestrian-involved accident in Victoria.

If you are a pedestrian involved in an accident in Victoria, the first thing to do is to ensure your safety and seek medical attention if necessary. Then, report the accident to the police as soon as possible and gather information from any witnesses. It’s also important to contact your insurance company and seek legal advice if needed.

What to Do Pedestrian Involved in Accident Victoria?

Being involved in a pedestrian accident can be an overwhelming and confusing experience. It is essential to know what steps to take to ensure your safety and protect your legal rights. In this article, we will discuss the necessary actions to take if you are a pedestrian involved in an accident in Victoria.

Call for Medical Assistance

The first and most vital step to take after a pedestrian accident is to call for medical assistance. If you are injured, it is crucial to seek medical attention immediately, even if you think your injuries are minor. Delaying medical treatment can worsen your injuries and complicate your recovery process.

Once you have called for medical help, try to stay calm and avoid moving too much, as this can worsen your injuries. If possible, wait for the medical team to arrive and assess your condition.

Contact the Police

Contacting the police after a pedestrian accident is crucial, even if there are no visible injuries. The police will document the accident scene, gather evidence, and file a report. The police report will be essential in supporting your insurance claim or legal case if you decide to pursue one.

When contacting the police, provide them with accurate and detailed information about the accident, including the location, time, and description of the vehicles involved.

Collect Evidence

Collecting evidence after a pedestrian accident can significantly impact your insurance claim or legal case. Take photos of the accident scene, including the vehicles involved, the location, and any visible injuries you may have sustained. Collect the contact information of witnesses who may have seen the accident happen.

Additionally, keep a record of any medical treatment you receive, including the names of the healthcare providers and the cost of treatment.

Notify Your Insurance Company

If you have car insurance, you must notify your insurance company of the accident as soon as possible. Your insurance company will investigate the accident and determine if you are eligible for compensation.

Provide your insurance company with accurate and detailed information about the accident, including the police report, medical records, and any evidence you have gathered.

Consult with a Personal Injury Lawyer

If you sustained serious injuries in a pedestrian accident, it is essential to consult with a personal injury lawyer. A personal injury lawyer can provide legal advice and help you understand your legal rights and options.

Your lawyer can also assist you in negotiating with insurance companies or filing a lawsuit if necessary. They can also help you calculate the damages you are entitled to, including medical expenses, lost wages, and pain and suffering.

File an Insurance Claim

If you are eligible for compensation, you can file an insurance claim with the at-fault driver’s insurance company. The insurance company will investigate the accident and determine the amount of compensation you are entitled to.

Be sure to provide the insurance company with accurate and detailed information about the accident, including the police report, medical records, and any evidence you have gathered.

Benefits of Hiring a Personal Injury Lawyer

Hiring a personal injury lawyer can significantly impact the outcome of your case. They can help you navigate the legal system, negotiate with insurance companies, and ensure that your legal rights are protected.

Additionally, a personal injury lawyer can help you receive the maximum amount of compensation you are entitled to, including medical expenses, lost wages, and pain and suffering.

Insurance Claim Vs. Lawsuit

When involved in a pedestrian accident, you have two options for seeking compensation: filing an insurance claim or filing a lawsuit.

Filing an insurance claim is a less formal and less time-consuming option. However, the amount of compensation you receive may be limited to what the insurance company is willing to offer.

Filing a lawsuit, on the other hand, is a more formal and time-consuming option. However, it may result in a higher amount of compensation if you win the case.

Conclusion

Being involved in a pedestrian accident can be a traumatic and overwhelming experience. However, taking the necessary steps can ensure your safety and protect your legal rights.

If you are involved in a pedestrian accident in Victoria, call for medical assistance, contact the police, collect evidence, notify your insurance company, and consult with a personal injury lawyer. By following these steps, you can ensure that you receive the compensation you are entitled to and move forward with your recovery process.

Frequently Asked Questions

What should a pedestrian do if they get involved in an accident in Victoria?

If you are a pedestrian involved in an accident in Victoria, the first thing to do is to assess your injuries and seek medical attention if necessary. If you are able to, move to a safe area away from traffic and call the police to report the accident. It is important to exchange information with the driver involved in the accident, including their name, contact information, and insurance details.

Once you have received medical attention and have reported the accident to the police, it is recommended that you consult with a personal injury lawyer who can provide guidance on your legal options and help you pursue compensation for your injuries and any other damages resulting from the accident.

What are the legal requirements for drivers involved in an accident with a pedestrian in Victoria?

Under the Road Safety Act 1986, drivers involved in an accident with a pedestrian in Victoria are required to stop their vehicle and provide assistance to the pedestrian if necessary. They must also exchange their name and address with the pedestrian, as well as any other relevant information such as their driver’s licence and insurance details.

Drivers involved in an accident with a pedestrian in Victoria are also required to report the accident to the police within 24 hours if the accident resulted in injury or death to the pedestrian, or if the driver failed to exchange details with the pedestrian at the scene of the accident.

What types of compensation are available to pedestrians involved in an accident in Victoria?

Pedestrians involved in an accident in Victoria may be entitled to compensation for a range of damages, including medical expenses, lost income, and pain and suffering. If the pedestrian is unable to work as a result of the accident, they may also be entitled to compensation for future lost income. Pedestrians who have suffered a permanent impairment as a result of the accident may be entitled to a lump sum payment under the Transport Accident Act 1986.

To determine the types of compensation available in your specific case, it is recommended to consult with a personal injury lawyer who can provide guidance on your legal options and help you pursue appropriate compensation.

What are the time limits for making a claim for compensation as a pedestrian involved in an accident in Victoria?

In Victoria, the time limit for making a claim for compensation as a pedestrian involved in an accident is generally three years from the date of the accident. However, there are some exceptions to this rule, such as if the pedestrian was a minor at the time of the accident or if the pedestrian was not aware of their injuries until some time after the accident.

To ensure that you do not miss any important deadlines for making a claim, it is recommended to consult with a personal injury lawyer as soon as possible after the accident.

What should a pedestrian do if the driver involved in the accident is uninsured or cannot be located?

If the driver involved in the accident is uninsured or cannot be located, the pedestrian may still be eligible for compensation through the Victorian Managed Insurance Authority (VMIA). The VMIA provides compensation to pedestrians who are injured in accidents involving uninsured or unidentified drivers.

To make a claim through the VMIA, it is recommended to consult with a personal injury lawyer who can guide you through the process and help you maximize your compensation.

In conclusion, being involved in a pedestrian accident can be a traumatic experience. However, it’s important to know what steps to take in order to protect yourself both physically and legally.

Firstly, make sure to seek medical attention if necessary. Even if you feel fine, it’s always better to get checked out by a doctor to ensure there are no hidden injuries.

Secondly, report the accident to the police. This is important for legal reasons, as well as for insurance purposes. The police will also be able to provide you with a report of the accident, which can be helpful if you decide to pursue legal action.

Finally, consider speaking to a personal injury lawyer. They can provide you with guidance on your rights and help you navigate the legal system. Remember, you deserve to be compensated for any injuries or damages that were caused by the accident.

In short, while being involved in a pedestrian accident can be a difficult experience, there are steps you can take to protect yourself both physically and legally. Seek medical attention, report the accident to the police, and consider speaking to a personal injury lawyer to ensure that your rights are protected.