Pedestrian Crossing Injuries, How SIRA Explains the Rules in NSW
If you were injured as a pedestrian crossing a road in NSW, you may be wondering how SIRA interprets the rules for your claim. SIRA, the State Insurance Regulatory Authority, governs claims under the Motor Accident Injuries Act 2017 (MAIA) for injuries caused by motor vehicles. This article explains what SIRA considers a valid pedestrian crossing injury claim, how fault is determined, and the practical steps you should take.
What SIRA Considers a Valid Pedestrian Crossing Injury Claim
SIRA evaluates claims based on whether the pedestrian was lawfully crossing the road at a marked or unmarked crossing. Under NSW law, a pedestrian is not at fault if they were crossing at a marked crossing, such as a zebra or traffic light-controlled crossing, and followed the rules.
To be considered a valid claim, the pedestrian must have been injured as a result of being struck by a motor vehicle. SIRA also considers whether the pedestrian was in a safe position on the road, such as on the footpath or within the crossing area, and whether they had the right of way.
How SIRA Determines Fault in Pedestrian Crossing Incidents
SIRA assesses fault by looking at the actions of both the pedestrian and the driver. If the pedestrian was lawfully crossing at a marked crossing and followed all road rules, they are not at fault. However, if the pedestrian was jaywalking or not using a marked crossing, they may be considered partially at fault.
The driver’s responsibility is to ensure they are not speeding, are not distracted, and are not driving under the influence of alcohol or drugs. If the driver was not at fault, they may still be liable for the injury under the CTP scheme.
Key Rules SIRA Applies to Pedestrian Crossing Injuries in Greater Sydney
SIRA applies the same rules to pedestrian injuries as it does to other motor vehicle accidents. This includes the use of the Motor Accident Guidelines to assess the severity of the injury and determine the type of compensation available.
For injuries that meet the threshold injury criteria, such as soft tissue injuries or minor fractures, SIRA will provide treatment and care benefits, as well as weekly income payments, for up to 52 weeks. If the injury results in a whole person impairment rating, the claimant may be eligible for a lump sum compensation payment.
Practical Steps for Claimants in Greater Sydney
If you were injured as a pedestrian crossing a road in Greater Sydney, the first step is to seek immediate medical attention. This ensures that your injuries are documented and that you receive the necessary treatment.
You should also preserve evidence of the incident, such as photographs of the scene, witness statements, and any accident reports. It is important to notify your insurer or the relevant CTP insurer as soon as possible to start the claims process.
Time Limits, Disputes and When to Seek Advice
Under NSW law, there is a time limit for making a CTP claim. Generally, you have two years from the date of the accident to make a claim. However, this may vary depending on the circumstances of the case.
If your claim is disputed or if you are unsure about your rights, it is important to seek legal advice. A solicitor can help you understand your options and ensure that your claim is processed correctly.
When to Seek Independent Legal Advice
If you are unsure whether your claim meets the criteria for a valid pedestrian crossing injury claim, or if you believe your claim has been denied without a proper explanation, it is important to seek independent legal advice. A solicitor can help you understand your options and ensure that your claim is processed correctly.
Next Steps
If you have been injured as a pedestrian crossing a road in NSW, it is important to understand your rights under the CTP scheme. SIRA provides a clear framework for determining the validity of your claim, the amount of compensation you may be entitled to, and the steps you should take to make a claim.
Every claim depends on its own facts. To request contact about your circumstances, complete the quick, no obligation enquiry form.