If you were injured as a pedestrian at a crossing in New South Wales, preserving evidence is critical to support your CTP claim. This article explains the key records to collect, how SIRA guidelines apply to crosswalk accidents, and steps to take after a collision. Time limits and dispute options are also covered.
What Evidence Matters for Pedestrian Crossing Claims
To support a CTP claim after a pedestrian crossing collision, gather the following evidence:
- Traffic camera footage - If available, this can show the accident sequence and vehicle/pedestrian actions.
- Witness statements - Statements from drivers, other pedestrians, or bystanders can confirm the incident.
- Medical records - Document all injuries, treatments, and medical opinions to establish the injury’s severity.
- Accident reports - Police reports or incident logs from the scene provide official documentation.
- Photographs - Capture the accident scene, vehicle damage, and any visible injuries or hazards.
- Witness contact details - Keep names, phone numbers, and addresses of anyone who saw the incident.
- Income records - If you’re claiming lost wages or weekly benefits, provide payslips or employment details.
How SIRA Guidelines Apply to Crosswalk Accidents
SIRA’s Motor Accident Guidelines define injuries and treatment eligibility. For crosswalk collisions, the key is proving the injury occurred at a crossing and was caused by a motor vehicle. SIRA’s guidelines also specify that injuries must meet the 'threshold injury' criteria (e.g., soft tissue injuries with neurological signs) to qualify for weekly benefits. If your injury is classified as a 'threshold injury, ' benefits may be limited after 52 weeks under the Motor Accident Injuries Act 2017.
Practical Steps to Preserve Evidence
After a collision, take these actions:
- Seek immediate medical attention - Even minor injuries should be documented by a medical practitioner.
- Document the scene - Take photos of the vehicle, road markings, and any visible damage.
- Report the incident - Contact the police and notify the at-fault driver’s insurance company.
- Keep records of all correspondence - Save emails, letters, or messages from insurers or medical providers.
- Review SIRA’s claim process - Visit SIRA’s motor accident claims page for step-by-step guidance.
Time Limits and Dispute Options
CTP claims must be made within three years of the accident under the Motor Accident Injuries Act 2017. If your injury is a 'threshold injury, ' weekly benefits may stop after 52 weeks unless you meet the 'whole person impairment' threshold. If you disagree with a decision, you can request a review from SIRA or seek independent medical advice.
Example Scenario
Imagine a pedestrian crossing at a marked crossing when a car runs a red light. Traffic cameras capture the collision, and a witness provides a statement. The pedestrian sustains a soft-tissue injury requiring medical treatment. Under SIRA guidelines, this injury may qualify for weekly benefits, but benefits could stop after 52 weeks unless the injury meets the whole person impairment threshold.
When to Seek Legal Advice
If you’re unsure whether your injury qualifies for benefits, or if your claim is being disputed, consult a legal professional. General information cannot determine whether a claim is available in an individual case. Time limits and procedural requirements may apply. To request contact about your circumstances, complete the quick, no obligation enquiry form.