What Changed for Pedestrian Crossing Injuries in NSW After 2017?
Since 1 December 2017, pedestrian injuries sustained at marked crossings in Greater Sydney and across NSW have been governed by the Motor Accident Injuries Act 2017 (MAIA). This reform replaced the older Motor Accidents Compensation Act 1999 and introduced a new framework focused on early access to treatment and care, while setting clear thresholds for claiming damages. For pedestrians hit at crossings, the most significant changes relate to how liability is assessed, the types of injuries that qualify for compensation, and the limits on benefits when only threshold injuries occur.
Under the new system, a pedestrian who is struck by a vehicle at a marked crossing may still be entitled to treatment and care benefits and weekly income payments, even if they were not at fault. However, the right to claim damages for pain and suffering, loss of enjoyment of life, and future care needs depends on whether the injury meets the statutory threshold. This means that not all injuries will result in a damages claim, and the nature of the injury determines the level of compensation available.
How the 2017 Reforms Affect Pedestrian Claims
The MAIA introduced a structured approach to motor accident claims that applies equally to pedestrians. The key change is the introduction of a threshold for claiming damages. A pedestrian can only claim damages if they have a permanent impairment of at least 10% in the whole person, or if they have a threshold injury that results in a permanent impairment of at least 10%.
Threshold injuries include soft tissue injuries to the neck, back, or other parts of the body, but only if they meet specific medical criteria. For example, a spinal nerve-root injury that causes neurological signs such as muscle weakness, altered reflexes, or sensory changes may qualify as a threshold injury, even if it does not involve radiculopathy. However, radiculopathy, a condition involving nerve root irritation, requires specific clinical signs to be diagnosed under the Motor Accident Guidelines.
If a pedestrian’s only injuries are threshold injuries, then weekly benefits and treatment and care benefits are generally limited to 52 weeks from the date of the accident. After that period, further benefits may only be available if the injury results in a permanent impairment of at least 10% and the person meets the threshold for damages under the MAIA.
What Evidence Matters for a Pedestrian Injury Claim
To support a claim for a pedestrian crossing injury, several types of evidence are essential. These include:
- Medical records from the time of the accident and all subsequent treatment, including diagnosis, imaging reports (such as MRI or CT scans), and assessments of impairment.
- A written statement from the treating medical practitioner confirming the nature and extent of the injury, and whether it meets the threshold for damages.
- Photographs of the accident scene, including the crossing, vehicle damage, and any visible injuries at the time.
- Witness statements, if available, describing how the accident occurred and whether the pedestrian was lawfully crossing.
- A copy of the police report, if one was filed. This may contain details about the vehicle’s speed, road conditions, and whether traffic signals were in operation.
- Records of lost income, if the injury prevented the pedestrian from working.
These documents help establish the nature of the injury, the circumstances of the accident, and the impact on the person’s life. The absence of any one of these may affect the outcome of the claim.
Time Limits and Procedural Requirements
A claim for a pedestrian crossing injury must be made within a strict timeframe. Under the MAIA, a claim for treatment and care benefits must be made within 6 months of the accident. A claim for weekly income payments must be made within 12 months. For damages, a claim must be issued in the NSW Supreme Court within 3 years of the accident, or within 12 months of the date the person first knew or ought to have known they had a permanent impairment.
These time limits are critical. Missing a deadline may result in the claim being barred. The 52-week limit on benefits for threshold injuries also begins from the date of the accident, not from when treatment started. This means that if a pedestrian’s only injuries are threshold injuries, and treatment has not resolved by 52 weeks, further benefits may not be available unless a permanent impairment of at least 10% is established.
When to Seek Advice
The 2017 reforms have made the CTP system more structured but also more complex. Whether a pedestrian can claim damages, and how much they may receive, depends on the nature of the injury, the medical evidence, and the timing of events. For example, a pedestrian who suffered a whiplash injury at a marked crossing in Sydney may not be entitled to damages if the injury does not result in a permanent impairment of at least 10%, even if they experienced ongoing pain and required treatment for over a year.
A hypothetical example: A 45-year-old woman was struck by a car at a marked crossing in North Sydney in August 2024. She sustained a soft tissue injury to her neck, with MRI showing a minor disc bulge and neurological signs such as reduced reflexes in her right arm. Her treating doctor confirmed that she met the threshold for a threshold injury under the Motor Accident Guidelines. After 52 weeks, she had not recovered and was assessed as having a permanent impairment of 12%. She was then able to claim damages for pain and suffering and future care needs.
This example illustrates how the threshold and impairment assessments are central to the outcome of a claim. The same injury in a different case, with no permanent impairment, would not qualify for damages.
Next Steps
Every claim depends on its own facts. To request contact about your circumstances, complete the quick, no obligation enquiry form.