Pedestrian Accident Lawyers

Carter Capner Law handles insurance claims for a wide range of accidents involving injuries caused by motor vehicles. Our Pedestrian Accident Lawyers Brisbane and QLD act for pedestrians and accident bystanders so that in each case you can get the payout or compensation to which you are entitled.

Do you have a claim?

Check to see if you are entitled to compensation. If you have a question, please get in touch with our Pedestrian Accident Lawyers.

Do you have a potential claim for a pedestrian accident?

Make an enquiry

What to do if you have been struck by a Motor Vehicle as a pedestrian?

In Australia, pedestrians are unfortunately struck by motor vehicles on a road carriageway or beside it on a frequent basis.

Whether crossing the road at an intersection, walking beside it or performing work duties in the vicinity, you are eligible for compensation to the extent of negligently caused injuries and how they affect your income earning capacity.

If the accident was caused at least in part by a registered vehicle injury compensation is payable under the same third party (“CTP”) process as applies to vehicle accidents.

Our Pedestrian Accident Lawyers ensure pedestrian injury compensation claims are conducted by lawyers with expertise in analysing the cause of the accident and understanding the particular injuries that result.

Our Pedestrian Accident Lawyers ensure the claims they make for injured pedestrians include loss of income, pain & suffering, loss of enjoyment of life, loss of future earning capacity, paid and unpaid care, expenses and the other financial losses that apply in your case.

Making early contact with an injury compensation expert will expedite the compensation claim process.

You are entitled to choose a legal team whose experience in pedestrian accidents gives them the confidence to take your case with no upfront fees and only getting paid if your claim is successful.

Our Pedestrian Accident Lawyers is available to meet with you at our Brisbane Head Office – close by to major courts and insurers as well as medical and safety expert consultants – or at our Princess Alexandra Hospital office or at our Browns Plains Medical Precinct satellite office.

Call or email today to get expert advice from the Pedestrian Accident Lawyers at Carter Capner Law.

See below or call today in relation to the 1-month, 3-month, 9-month and 3-year time limits that apply to motorcycle accident claims.

If unable to work due to sickness, disability, or a permanent injury, you may also be entitled to claim compensation through your super as a Total and permanent disability (“TPD”) claim.


Make compulsory third party insurance (CTP) claim

In Queensland, motor vehicles are required to have ‘compulsory third party insurance‘ (CTP). Our Pedestrian Accident Lawyers will initiate your claim with your insurer or the at-fault party’s motor vehicle insurer.


Contact us to set up your free initial appointment.

At the initial consultation, Our Pedestrian Accident Lawyers will get more details on your situation and then investigate insurance coverage. Our Pedestrian Accident Lawyers will also explain our client and No Win No Fee agreement.


Investigation & gathering evidence

Our Pedestrian Accident Lawyers will investigate and gather evidence while you recover from your injuries.

After that, our Pedestrian Accident Lawyers will brief medical specialists to examine you and provide expert evidence reports. From those reports, our Pedestrian Accident Lawyers will formulate how the injury has impacted you and your family at work and at home.


Attendance of informal settlement meeting

Our Pedestrian Accident Lawyers also formulate your damages demand and appoint an out of court meeting to negotiate the resolution of your claim settlement.


Case settled or court proceedings

Statistically, more than 97% of compensation claims are settled out of court. In many cases, the claim is resolved successfully during the informal settlement meeting, and you will receive compensation to you are entitled to.

In rare cases, if your claim has not been resolved at this stage, our Pedestrian Accident Lawyers will take it further and help you get the compensation to which you are entitled according to law.

Rapid advice available for these and similar Queensland road accidents

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What makes a successful pedestrian accident claim?

Recalling the precise location of the point of impact is a vital feature of successful pedestrian injury lawsuits:

  • Distance from the kerb;
  • How far were you from the traffic lights;
  • Road lighting;
  • Vehicle speed;
  • The colour of clothing is also important factual issues in apportioning liability.

Because injured pedestrians are usually transported by ambulance from the scene, they are denied the opportunity of obtaining names and addresses of eyewitnesses and of place-marking the exact accident location. More than other accident victims rely on the police to accurately assess how the accident occurred. In many cases, our Pedestrian Accident Lawyers will appoint an accident reconstruction expert to assist determine these issues.

What types of accidents are covered by CTP insurance?

All vehicles registered in Queensland carry a policy of insurance to cover compensation. This is called “third-party insurance” or “CTP insurance”. The companies in Queensland that insure vehicles against such claims include Allianz, RACQ, QBE and Suncorp.

Someone who is injured in a motor vehicle accident as a result of negligence may be able to claim damages (to the extent of their injury) from the third party insurer of the person at fault.

Motor vehicles are covered by policies of CTP insurance in all Australian states and territories. If an accident occurs in another state, the laws and procedures of that state’s motor accident compensation scheme will usually apply.

If the vehicle at fault was unregistered, CTP cover does not apply unless the accident happened on a road or in a public place. Public places include locations like some beaches on which vehicles can be driven.

Sometimes “fault” (or negligence) is attributed to more than one person. For example, it may be distributed between two drivers or a driver and a pedestrian. If at-fault is attributed in some way to the person injured, this is referred to as “contributory negligence”. These cases may still be covered by CTP insurance.

Other Types of Vehicles

There are certain types of vehicles in Queensland that are not covered by CTP insurance unless the accident happens on a road. These vehicles include backhoes, bulldozers, front-end loaders, forklifts, cranes, agricultural equipment and amphibious vehicles. For injuries caused by trailers, special rules apply. In some cases, the CTP insurer is the towing vehicle.

Accidents with work vehicles may require assistance from our workers compensation lawyers. Call our Pedestrian Accident Lawyers and we help you today.

How much compensation will I receive for my pedestrian injury claim?

It all depends on the proportion of liability attributable to the at-fault driver, the extent of your injury and the quality of your evidence. The amount of insurance you are entitled to be also based on a comparison of how your life was before and after the accident.

If someone whose injury has had a significant effect on their quality of life (work, psychological, physical) is entitled to greater compensation than someone whose injury has had a minor impact on their lives.

General Damages

General damages were intended to compensate you for the pain and suffering you have endured and will endure in the future as a result of your injuries, as well as any permanent disability you’re likely to suffer.

General damages are now artificially reduced by legislation and those awarded in Queensland can be quite trivial in comparison to what is awarded in other States. The most serious injuries such as quadriplegia are awarded around $150,000 and some reasonably serious back injuries get as little as $10,000.

Special Damages

These include:

  • Expenses paid or incurred by you, including medical and pharmaceutical.
  • Expenses paid by others. Some of these amounts are required to be collected from the at-fault party and paid back to Medicare, Comcare, WorkCover, DVA, public hospitals and private health funds.

Past Income Loss

You are entitled to claim any income you have lost as a result of the incident. If you weren’t currently working and the injuries prevented you from looking for work or caused you to turn down job opportunities, you may also be able to claim for those situations.

Future Income Loss

You are entitled to be compensated for any future economic loss you may incur as a consequence of your injuries. If your injuries have resulted in some permanent disability – even to a small extent – you may be at risk of loss of wages in the future. People who continue to work full-time can still recover future income loss on the basis they are at risk in the labour market when compared to able-bodied job applicants.

Domestic Assistance (paid and unpaid)

Domestic assistance you receive from friends, family members or care professionals following an accident is compensable in many cases – even if you don’t pay for it. It’s important to keep detailed records of any assistance you get from other people if you intend to claim domestic assistance.

If you are looking to get a personalised assessment of your entitlement to compensation, contact our Pedestrian Accident Lawyers and speak to one of our expert lawyers.

What kind of evidence do I need to keep and collect?

To assist your Pedestrian Accident Lawyers with the investigation, it is important to try to do the following:

  • Make notes of your recollection of all events relevant to the accident
  • Record names and addresses of witnesses
  • Take photos and video of the place where you were injured. “A picture tells a thousand words”. Sketches are also helpful
  • Take photos and video of any product, equipment or object that injured you
  • Take photos of your injuries
  • Keep any defective product that caused an injury
  • Keep details of your absences from work caused by the injury
  • Make a list of visits to doctors, physiotherapists, chiropractors etc for treatment and follow-up visits
  • Keep all invoices and receipts for medical, chemist etc expenses
  • Record details of assistance provided by friends and family members
  • Collect contractual records. For sporting injuries, this includes club membership application forms and sign-in forms. For injuries in a car park or theatre, this includes the entry ticket
  • Collect documents showing your loss of earnings and earning capacity including wage slips, group certificates, income tax returns (for 6 years prior to the accident and each year after), references and resumes

Is my claim worthwhile?

Whether your claim is worthwhile depends on the seriousness of your injury and how that affects your employment and lifestyle.

There are some claims that are not worthwhile such as those for trivial injuries where there is no insurer or the party at fault does not demonstrate significant assets against which a judgment can be enforced.

If you are not sure if your compensation claim is worthwhile please contact us and our Pedestrian Accident Lawyers will help assess your needs and eligibility for our no-win no-fee service.

Carter Capner Law offers specially tailored services in connection with severe brain injury and spinal injury accidents for children and adults to help formulate comprehensive loss statements that include individualised damages components that make up multi-million dollar claims.

Do I have to go to court for my pedestrian accident compensation claim?

In most cases, pedestrian accident claims are resolved before any court proceedings with a personal injury settlement. However, if your claim does go to trial, you may only need to attend if your presence is required to determine the outcome of the case.

In some cases eg interim applications for payment of rehabilitation expenses, Pedestrian Accident Lawyers may be able to attend on your behalf.

Are there any time limits for making a claim after a pedestrian accident claim?

Strict time limits apply to all pedestrian accident claims. A Notice of Accident Claim (NOAC) must be sent to the insurer of the at-fault party within one month of the first consultation with your Pedestrian Accident Lawyers (which typically includes the date of your first telephone discussion) and no later than:

  • In the case of an unidentified vehicle being at fault – within 3 months of the date of the accident- see below;


  • For any other identified vehicles, within 9 months of the date of the accident.

If you fail to lodge your claim on time, you may still qualify for compensation. There is provision for extending these time limits if you’re able to provide a reasonable excuse when submitting your NOAC which our pedestrian accident lawyers can help with.

As well as the 3-month and 9-month time limits, most claims have an absolute cut-off of 3 years from the date of the accident.

Different time limits may apply to children and persons under a legal incapacity (e.g. unsound mind). Don’t delay your right to claim for compensation, speak to one of our Pedestrian Accident Lawyers today.

Can I get compensation if the at-fault vehicle was unregistered or I don't have its details or registration number?

Yes but there are special procedures and time limits that apply to unregistered and unidentified at-fault vehicles.

Claims of this type are brought against the default insurer that goes under the name Nominal Defendant.

The time limit for giving a Notice of Accident Claim to the Nominal Defendant for an unidentified vehicle e.g. in a hit-and-run is three months. This can be extended up to 9 months if there is a reasonable excuse for the delay but cannot be extended at all after that time.

In the case of unregistered at-fault vehicles, the Notice of Claim must be given at least within 9 months of the accident date but if there is a reasonable excuse for the delay, this can be extended.

In all cases (except for children), proceedings must be started in court within three years of the accident date. The limitation period for children is up until the 21st birthday.

For claims relating to unidentified vehicles, there must be reasonable attempts made to ascertain their identity e.g. a report to the police, taking down names and contact details for eyewitnesses and taking down vehicle registration numbers if possible.

Your unidentified vehicle Pedestrian Accident Lawyers will be able to help.

How long will my pedestrian accident compensation claim take?

After you’ve submitted the CTP claim, the insurer will decide whether they’ll accept or deny fault. It varies from case to case but it is important to note that finalising a claim too fast may be detrimental as the assessment of all your losses may not be assessable during the early stages.

Also, some claims may take a little longer for several reasons:

  • Your injuries are too early to determine, a stabilisation period may be in effect.
  • There may be instances where there are difficulties in negotiations between the insurer and our pedestrian accident lawyers.
  • There are delays in the court process.

Every claim is unique and can have its own difficulties and complexities. Our Pedestrian Accident Lawyers ensure you get the best outcome and receive the compensation to which you’re entitled in accordance with the law.

I was a witness to the tragic pedestrian accident, am I able to claim for compensation?

Compensation claims may also be made for bystanders who witness tragic accidents if they sustain a psychiatric injury as a result. Get in touch with our Pedestrian Accident Lawyers to see if you’re entitled to make a compensation claim.

Types of injuries that can result from a pedestrian accident.

If you have been injured as a pedestrian on a road, it is important to obtain legal advice from Pedestrian Accident Lawyers immediately because strict time limits apply to compensation claims.

Head and brain injury.

Spinal and neck injury.

Soft tissue injury.

Upper and lower limb injury.

Ankle, knee and wrist injury




Shock, anxiety and depression.

The CCL method

Our Pedestrian Accident Lawyers will quickly review the circumstances of your case to determine your prospects of a successful personal injury claim. And once we have approved your case the claim process can be promptly started following the CCL method


Assemble the initial information you are able to provide

Proper case preparation demands meticulous attention to detail. That’s why right from the start, we collect all the facts and continuously verify them with you and other sources. Constant updates to your comprehensive statement will ensure everyone – you, us, medical specialists and barristers – stay precisely on the same page.


Prepare initiating Claim Notice.

Once sufficient facts have been collected and the identity of the at-fault party confirmed, and initial Claim Notice can be completed in a way that persuasively asserts the basis and extent of your compensation request.


Keep collecting the facts.

Diligent claim preparation requires a comprehensive understanding of your medical income and employment histories. Our Pedestrian Accident Lawyers will obtain records from accident related treatment provided as well as from health professionals who have treated you for any prior conditions. Employment and income records asked also be collected and diligently examined .


Medical investigation of injury.

The extent of accident related injury must be independently verified by medical experts. Because compensation is paid for the permanent effects from an injury, specialist medical assessment is deferred until 9 – 12 months post injury. Our Pedestrian Accident Lawyers will arrange examinations with appropriate specialists and the insurer of the at-fault party is entitled also to have you examined by its specialists.



Once all information has been collected and medical specialist reports obtained, our Pedestrian Accident Lawyers will carefully formulate the “damages” components of your claim demand. The CCL Method requires that every component – general damages, lost wages, expenses you have incurred, the value of past and future domestic care and the value of loss of future earning capacity – is based on authoritative evidence.



After the insurer has considered your damages ask, a settlement conference is arranged to attempt to negotiate a resolution. Although informal, the success of the conference depends on the extent of preparation that has gone before it. Offers will be exchanged and if the insurer is being reasonable, the conference offers a good opportunity to finalise the claim.


Settlement not reached: heading to court

If you are unable to reach an agreement within 60 days after the conference, a Claim and Statement of Claim must be filed in court in relation to your accident. The defendant may then file a Defence and the court process then continues until the dispute is listed for a trial where witnesses are called to give oral evidence and a judge makes a final determination.

What expenses does Carter Capner Law cover for you under its pedestrian accident compensation No-win No-fee terms?

Carter Capner Law's No-Win No-Fee terms afford fairness to those seeking compensation for personal injury, including loss of income and future loss of income earning capacity. No-Win No-Fee - sometimes called "no-win, no-charge" and "no-win no-pay," allows legal representation to a level equivalent to that of the insurance company that will be resisting your payout. Essentially No-Win No-Fee terms provide that fees and case expenses are only payable when the claim is finalised and only if it is successful. Our pedestrian accident lawyers in Brisbane and Queensland represent both pedestrians and onlookers in accidents so that you can receive the settlement or compensation to which you are legally entitled to.

  • Court Filing Fees

  • Medical specialist consultation & report fees

  • Medical records collection fees

  • Expert report fees

  • Claim investigation

  • Barristers

    Our Pedestrian Accident Lawyers will secure the services of a barrister who will also offer No-Win No-Fee terms

  • Document production

  • Police Report Fees

  • Government agency search fees

  • Freight & courier

  • Office charges

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