Eligibility under each state's scheme
Pedestrians injured by a motor vehicle are covered under the at-fault vehicle's CTP insurer in fault-based states, and under the relevant no-fault scheme in no-fault states:
- NSW, QLD, WA, SA - CTP scheme of the at-fault vehicle
- VIC, NT, TAS - no-fault scheme regardless of fault (TAC, MAC, MAIB)
- ACT - hybrid MAI scheme with defined benefits + fault-based common-law
Common pedestrian injuries and compensation
Pedestrians struck at low speed (under 40km/h) commonly suffer fractures, soft-tissue injury, and head impact. Higher-speed impacts cause traumatic brain injury, multi-trauma, and life-altering harm.
- Fractures with full recovery: $40,000 – $150,000
- Traumatic brain injury, mild-moderate: $200,000 – $800,000
- Severe brain or spinal injury: $1,500,000 – $5,000,000+
- Pedestrian fatality (dependants' claim): $250,000 – $2,000,000+
Evidence to gather
Where possible:
- Police report and attending-officer details
- Photos of the scene, the vehicle, and any pedestrian crossing markings
- CCTV from nearby businesses (often retained 7-30 days only)
- Witness names and contact details
- All medical records from ED, hospital, and follow-up care
Children injured as pedestrians
Children injured as pedestrians have specific protections. Limitation periods generally do not run until the child turns 18, giving extended time to lodge claims. Damages calculations for children include lifetime earning capacity loss and ongoing care needs, often producing very high settlements for serious injuries.
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