While possibly sounding counter-intuitive pedestrians are the largest group of road users. Most of our daily activities - commuting to work, dropping children at school, food shopping, catching up with friends or taking the dog for a walk all involve us using roads as a pedestrian.
It is safe to say that certain societal stigmas exist towards pedestrians that are injured by other road users. Here, it is often assumed that the pedestrian is at fault because they must have been j-walking and that they have no right to be on the road.
This is a problem because pedestrians obviously have legal rights to use roads and are entitled to compensation if they are injured by other road users.
Despite recent reductions in road accidents, in 2017, the West Australian Road Safety Commission reported 15 pedestrian fatalities which is unfortunately in line with the proceeding 5 year average of 14 fatalities per year.
Can I claim personal injury compensation if I have been injured as a pedestrian?
If you were a pedestrian, in Western Australia and were injured in an accident involving a car, motorcycle, truck, bus or any other motor vehicle, you may be able to make a claim for personal injury compensation. To be eligible to lodge a claim your injury needs to have been caused, at least in part, by a negligent motor vehicle driver, rider or operator. (There is an exception to this general rule in the case of catastrophic injury).