A threshold injury under the Motor Accident Injuries Act 2017 (NSW) includes a soft tissue injury and a psychological or psychiatric injury that is not a recognised psychiatric illness (adjustment disorder and acute stress disorder are the usual examples; s 1.6 and Motor Accident Guidelines Part 5).
If you were injured as a pedestrian at a crossing in Ashfield, understanding how SIRA interprets the rules is critical. Under NSW CTP laws, fault determination, claim eligibility, and compensation depend on specific factors. This article explains how SIRA evaluates pedestrian crossing claims, what evidence matters, and how SIRA’s approach differs from other injury scenarios.
How SIRA Determines Fault in Pedestrian Crossing Accidents
SIRA assesses fault based on the duty of care owed by drivers at crossings. Key principles include:
- Drivers must yield to pedestrians at marked crossings (Motor Accident Guidelines 2023, section 3.11). If a driver fails to stop, they may bear primary responsibility.
- Pedestrians must follow traffic signals. If a pedestrian jaywalks or ignores a stop sign, SIRA may reduce compensation if contributory fault is proven.
- Evidence like traffic camera footage, witness statements, or police reports is crucial to establish fault. For example, a driver who ran a red light at a crossing may be deemed at fault, while a pedestrian who stepped into the road without looking may share responsibility.
Evidence Required for a Pedestrian Crossing Claim
To support a claim, you’ll need:
- Medical records documenting injuries (e.g., fractures, whiplash) and treatment.
- Accident reports from the NSW Police or traffic authorities.
- Witness details and statements from people who saw the incident.
- Photographs of the crossing, vehicle damage, and any hazards (e.g., broken lights).
- Income records if you’re claiming lost wages or weekly benefits.
SIRA may also request medical opinions to assess the severity of injuries and their connection to the accident. For instance, a soft-tissue injury (like a bruise) may qualify for benefits, but a spinal nerve-root injury requiring surgery would fall under the threshold injury rules.
How SIRA’s Rules Differ for Pedestrian Crossings
SIRA’s approach to pedestrian claims differs from other injury scenarios in three key ways:
- Fault is more clearly defined at crossings. Drivers have a heightened duty to yield, which can simplify fault determination.
- Threshold injuries are more common in pedestrian cases. SIRA uses the spinal nerve-root test to assess whether an injury qualifies for benefits. For example, a pedestrian with a sprained ankle may receive weekly payments, while a minor bruise may not.
- Time limits apply. If your only injuries are threshold injuries, benefits like weekly payments and treatment benefits generally stop after 52 weeks under the Motor Accident Injuries Act 2017, section 4.4.
Example: A Pedestrian Hit at a Crossing
Imagine a scenario where a pedestrian is hit at a marked crossing in Ashfield. The driver failed to stop at a stop sign, but the pedestrian was jaywalking. SIRA would:
- Assign primary fault to the driver for not yielding.
- Consider the pedestrian’s contributory fault for jaywalking.
- Calculate compensation based on the injury severity (e.g., medical bills, lost income) and the fault split.
When to Seek Legal Advice
Contact a solicitor if:
- Your injuries are severe (e.g., broken bones, head trauma) and SIRA disputes their link to the accident.
- You face a dispute over fault or compensation.
- You need help appealing a decision or negotiating with the insurer.
Next Steps
CTP claims depend on the accident date, injury type, and evidence. To request contact about your circumstances, complete the quick, no obligation enquiry form.