Pedestrian Accident Compensation Claims in Queensland

A pedestrian accident claim is a personal injury compensation claim made through the Compulsory Third Party (CTP) insurance scheme when a driver's negligence causes injury to a pedestrian on a Queensland road. The claim is lodged against the CTP insurer of the at-fault vehicle under the Motor Accident Insurance Act 1994 (Qld), using the same fault-based process that applies to all motor vehicle accident claims in Queensland. Pedestrian accident compensation is assessed under the Civil Liability Act 2003 (Qld) using the injury scale value (ISV) system for general damages, alongside separate calculations for lost income, medical expenses, and care needs.

Pedestrian accident compensation payouts in Queensland typically range from approximately $30,000 to $1.5 million depending on injury severity, with catastrophic cases reaching several million dollars in rare cases involving lifetime care. The most common pedestrian accident injuries include head and traumatic brain injuries, pelvic and lower limb fractures, spinal injuries, internal organ damage, and multiple fractures from vehicle impact.

Pedestrians are the most vulnerable road users on Queensland roads, with no seatbelt, airbag, or vehicle cabin to absorb the forces of a collision. The pattern of serious pedestrian accident injuries often follows a distinct biomechanical sequence where the vehicle's bumper strikes the legs first, the body rotates onto the bonnet producing pelvic and internal injuries, and the head strikes the windscreen or the ground causing traumatic brain injury. That vulnerability is reflected in the fatality data. Pedestrian fatalities accounted for approximately 13-14% of all road deaths in Queensland in 2024, with pedestrians aged 75 and over experiencing a 70% increase in fatalities over the preceding 4 years. Nationally, pedestrian fatalities reached 167 in 2024 (the highest figure in over a decade) according to the Bureau of Infrastructure and Transport Research Economics.

The most common pedestrian accident scenarios in Queensland include collisions at marked crossings and intersections, reversing vehicle accidents in car parks and driveways, hit-and-run accidents where the driver leaves the scene, and school zone accidents involving child pedestrians. Fault in a pedestrian accident is assessed by examining the driver's duty of care toward the pedestrian. Queensland's CTP scheme is entirely fault-based. Some legal websites incorrectly describe Queensland as having a "partial no-fault scheme" for motor vehicle accident compensation. This is wrong. A pedestrian must establish driver negligence before compensation becomes payable.

A pedestrian who was partly at fault for the accident can still claim compensation through the CTP scheme, but the payout is reduced by the percentage of contributory negligence attributed to the pedestrian. Common contributory negligence findings in pedestrian accident claims include jaywalking (typically 10-30% reduction), intoxication (10-50% reduction with a statutory presumption under the Civil Liability Act 2003), and distraction from mobile phone use. A child pedestrian is assessed against a lower standard of care than an adult, and very young children are not capable of contributory negligence at all. The deadline to lodge a pedestrian accident claim is 9 months from the date of the accident, with a stricter 3-month deadline for claims involving the Nominal Defendant where the at-fault vehicle cannot be identified.

What is a pedestrian accident compensation claim?

In Queensland, a pedestrian accident compensation claim is a personal injury claim made through the Compulsory Third Party (CTP) insurance scheme against the CTP insurer of the vehicle that caused the accident. The injured pedestrian claims compensation from the at-fault driver's CTP insurer, not from the driver personally.

Queensland's CTP scheme is entirely fault-based under the Motor Accident Insurance Act 1994 (Qld). A pedestrian injured in a motor vehicle accident must establish that the driver's negligence caused the accident before compensation becomes payable. A pedestrian who was partly at fault can still claim, but the compensation is reduced by the pedestrian's percentage of fault. That reduction is applied through a process called contributory negligence.

A pedestrian accident compensation claim requires 3 elements to succeed.

• Motor vehicle involvement. The accident must involve a motor vehicle on a Queensland road. A pedestrian is eligible to claim regardless of whether the pedestrian was on a crossing, a footpath, a road, a car park, or any other location where a motor vehicle caused the injury.

• Driver negligence. The driver of the vehicle must have been negligent. Negligence means the driver failed to exercise reasonable care toward the pedestrian and that failure caused the injury. A driver who fails to stop at a pedestrian crossing, reverses without checking behind the vehicle, or turns into a road while a pedestrian is crossing has breached the duty of care owed to the pedestrian.

• Physical or psychological injury. The pedestrian must have sustained an injury as a result of the accident. The injury can be physical, psychological, or both. Property damage alone does not give rise to a CTP personal injury claim.

The legal framework for a pedestrian accident claim is identical to a car accident claim. The difference is not in the process but in the outcomes. Pedestrians are the most vulnerable road users in any motor vehicle accident because they have no seatbelt, airbag, crumple zone, or vehicle cabin to absorb the impact forces of a collision. The full energy of the collision is transferred directly to the pedestrian's body, and pedestrian injuries are typically more severe than injuries sustained by vehicle occupants in the same accident. Pedestrians account for approximately 14% of all road fatalities nationally but only 7% of hospitalised road injuries according to the National Road Safety Data Hub. That disparity means pedestrian collisions are disproportionately likely to result in death or catastrophic injury rather than a survivable minor injury. Nationally, pedestrian fatalities reached 167 in 2024 (the highest figure in over a decade) according to the Bureau of Infrastructure and Transport Research Economics Australian Road Deaths Database. Pedestrians aged 75 and over are disproportionately represented in those fatality statistics, with a 70% increase over the 4 years to 2024.

When does a pedestrian accident claim not succeed?

A pedestrian accident compensation claim does not succeed when the pedestrian was entirely at fault, no motor vehicle was involved, the claim was lodged outside the statutory time limits, or the injury cannot be linked to the accident. 

These 4 circumstances prevent a valid CTP (Compulsory Third Party) claim from proceeding.

• Pedestrian entirely at fault. A pedestrian who caused the accident entirely through their own actions has no CTP claim because there is no negligent driver to claim against. A pedestrian who runs onto a highway without warning, giving the driver no reasonable opportunity to stop, may be found 100% at fault. That finding is uncommon in practice because drivers are held to a high standard of care toward pedestrians, and most pedestrian accidents involve at least some degree of driver negligence.

• No motor vehicle involved. The CTP scheme only covers injuries caused by motor vehicles. A pedestrian injured by a cyclist, an e-scooter rider, or a fall on a footpath unrelated to a motor vehicle cannot claim through the CTP scheme. That pedestrian may have a public liability claim (a personal injury claim made outside the CTP scheme, directly against the person or entity responsible) against the rider, but the claims process and funding mechanism are different.

• Claim lodged outside time limits. Strict deadlines apply to pedestrian accident claims. The standard deadline to lodge a Notice of Accident Claim Form is 9 months from the date of the accident. Claims involving an unidentified vehicle through the Nominal Defendant (a statutory body that acts as the CTP insurer when the at-fault vehicle cannot be identified or was not insured) have a shorter 3-month deadline with no extension available.

• Injury not linked to the accident. The pedestrian must establish that the injury was caused by the motor vehicle accident, not by a pre-existing condition or a separate event. Medical evidence linking the injury to the accident is essential for the CTP claim to proceed.

When is a driver at fault for hitting a pedestrian in Queensland?

A driver is at fault for hitting a pedestrian in Queensland when the driver failed to exercise reasonable care toward the pedestrian and that failure caused the pedestrian's injury. This standard applies to all drivers on Queensland roads and is assessed based on what a reasonable driver would have done in the same circumstances.

Drivers owe a heightened duty of care to pedestrians because pedestrians have no structural protection against a motor vehicle. That duty is not a general principle alone. Queensland road rules impose specific obligations on drivers toward pedestrians in several situations.

• Marked crossings. A driver approaching a pedestrian crossing must give way to any pedestrian on or entering the crossing. A driver who fails to stop at a marked crossing and strikes a pedestrian is almost always found entirely at fault for the collision.

• Turning at intersections. A driver turning left or right at an intersection must give way to any pedestrian crossing the road the driver is turning into. This obligation applies whether or not the pedestrian is on a marked crossing. A driver who turns and hits a pedestrian crossing the side street is at fault even where no crossing markings exist.

• Reversing. A driver must not reverse a vehicle unless it is safe to do so. The driver must check behind the vehicle before and during the reversing movement. A driver who reverses over a pedestrian in a car park, driveway, or street is at fault for failing to check behind the vehicle.

• School zones. Drivers in school zones must travel at 40 kilometres per hour during school zone hours and exercise particular caution near children. A driver who strikes a child pedestrian in a school zone faces a strong presumption of negligence because the reduced speed limit exists specifically to protect child pedestrians.

• Shared zones and pedestrian areas. A driver in a shared zone must give way to all pedestrians and travel at the posted speed limit (typically 10 kilometres per hour). Shopping centre car parks, hospital grounds, and designated shared zones all impose a heightened standard of driver care toward pedestrians.

The standard of care increases further in circumstances where the driver should reasonably anticipate pedestrian presence. A driver travelling through a suburban shopping strip at dusk should anticipate that pedestrians may cross the road between parked cars. A driver approaching a bus stop should anticipate that passengers may step onto the road. A driver in a residential area should anticipate that children may enter the road unexpectedly. The question in each case is not whether the pedestrian acted perfectly, but whether the driver took reasonable care given the circumstances.

A driver is not automatically at fault for every pedestrian accident. A pedestrian who runs onto a high-speed road from behind a solid obstruction, giving the driver no time to react, may be found entirely or predominantly at fault. The allocation of fault considers the behaviour of both the driver and the pedestrian. How fault is determined in a motor vehicle accident follows the same negligence principles that apply to all Queensland Compulsory Third Party (CTP) claims.

What evidence proves fault in a pedestrian accident claim?

The evidence that proves fault in a pedestrian accident claim includes CCTV and dashcam footage, the police crash investigation report, witness statements, medical records, speed and stopping distance analysis, and traffic signal phase data. Each type of evidence serves a different legal purpose in the Compulsory Third Party (CTP) claim.

Evidence in a pedestrian accident claim is not a generic checklist. Some evidence establishes that the driver breached the duty of care owed to the pedestrian, some establishes the nature and severity of the injuries, and some establishes the connection between the driver's conduct and the pedestrian's injuries. The main types of evidence used to establish liability and injury in a pedestrian claim are outlined below.

The 6 main types of evidence used to establish liability and injury in a pedestrian claim are outlined below.

• CCTV and dashcam footage. Footage from traffic cameras, nearby businesses, residential security systems, and the driver's own dashcam can show the driver's speed, whether the driver was looking at the road, and whether the driver attempted to brake or take evasive action. CCTV footage is often the single most valuable piece of evidence in a pedestrian accident claim because it provides an objective record of the collision that cannot be disputed by either party.
  
  
• Police crash investigation report. The Queensland Police Service (QPS) crash investigation report documents the circumstances of the accident, including the location, the positions of the vehicle and pedestrian, witness accounts collected at the scene, and any preliminary assessment of contributing factors. Pedestrian accidents that result in serious injury or death trigger a more detailed police investigation than minor vehicle-to-vehicle collisions. That additional detail carries significant weight in the CTP insurer's liability assessment.
  
  
• Witness statements. Witness statements from bystanders, other drivers, shop workers, or passengers establish what happened in the moments before and during the collision. Witnesses can describe the pedestrian's position on the road, whether the pedestrian was on a crossing, the speed and direction of the vehicle, and whether the driver appeared distracted or impaired.

• Medical records. Medical records from the first treatment onwards establish the nature and severity of the pedestrian's injuries and confirm that those injuries were caused by the accident rather than a pre-existing condition. The initial emergency department assessment, imaging results, surgical reports, and ongoing treatment records all contribute to the medical evidence that make up the personal injury claim. 

• Speed and stopping distance analysis. Expert analysis of the vehicle's speed and stopping distance establishes whether the driver was travelling at a speed that allowed the driver to stop safely. Speed analysis is particularly important in pedestrian claims where the driver argues that the pedestrian appeared suddenly and there was no time to stop. An expert can calculate whether the driver would have been able to stop at the posted speed limit. A finding that the driver was exceeding the speed limit strengthens the pedestrian's claim significantly.

• Traffic signal phase data. Traffic signal phase data establishes whether the pedestrian had a green walk signal or the driver had a red light at the time of the collision. This data is obtained from the Department of Transport and Main Roads and provides an exact record of which signals were displayed at the intersection at the time of the accident. That record is critical in pedestrian claims involving signalised intersections where the driver and the pedestrian dispute who had the right of way.

What are the most common types of pedestrian accidents in Queensland?

The most common type of pedestrian accident in Queensland is a collision between a pedestrian and a motor vehicle at a crossing or intersection, where the driver failed to give way to the pedestrian. Pedestrian accidents occur across a wide range of road environments, and the fault position and claim pathway differ depending on the circumstances of the collision. 

Each accident scenario involves different driver obligations, different evidence requirements, and different liability outcomes. Pedestrian accidents in Queensland most commonly arise from the following 6 scenarios.

• Crossings and intersections. These collisions occur when a driver fails to stop at a marked pedestrian crossing, runs a red light while pedestrians are crossing, or turns through an intersection while a pedestrian is on the road. Crossings and intersections are the most common location for pedestrian accidents in urban areas because pedestrian and vehicle traffic converge at the same point. Fault almost always lies with the driver, who has a statutory obligation to give way to pedestrians at marked crossings and when turning into a road a pedestrian is crossing. A pedestrian who crosses against a red pedestrian signal may be found partly at fault, but the driver retains a duty of care to watch for pedestrians even when the driver has a green light.

• Reversing and turning vehicles. Reversing collisions occur when a driver reverses into a pedestrian in a car park, driveway, street, or loading zone. These accidents are particularly dangerous because the driver's rearward visibility is limited, the pedestrian often cannot see or hear the vehicle moving, and the impact occurs at close range with little warning. Turning vehicle accidents involve a driver turning into a side street or driveway while a pedestrian is crossing. The driver fails to see the pedestrian or misjudges the pedestrian's crossing speed, and the pedestrian is struck mid-crossing.

• Car parks and driveways. Car parks create a shared space where vehicles and pedestrians move in close proximity at low speeds. These accidents are more common than many people expect because drivers in car parks are often focused on finding a parking space rather than watching for pedestrians. Driveway accidents are a particular concern for young children. Low-speed vehicle run-overs (where a vehicle reverses or drives forward over a child in a driveway) disproportionately involve children under 5 and most frequently occur at the child's own home or the home of a person known to the child, according to the Queensland Family and Child Commission's Annual Report on Deaths of Children and Young People 2023-24.
  
  
• Footpaths and bus stops. A pedestrian walking on a footpath or waiting at a bus stop is in a location specifically designated for pedestrian use. When a motor vehicle mounts the footpath or strikes a pedestrian near a bus stop, fault lies almost entirely with the driver because the pedestrian had no reason to anticipate a vehicle entering that space.

• School zones. School zone accidents carry a strong presumption of driver fault because the 40 kilometre per hour speed limit and warning signage exist specifically to protect child pedestrians. Drivers in school zones are expected to exercise a higher standard of care than on other roads because children are less able to judge traffic speed and distance and are more likely to enter the road unexpectedly.

• Hit-and-run accidents. A hit-and-run occurs when the driver leaves the scene without stopping, providing details, or rendering assistance. These collisions present a distinct challenge because the injured pedestrian may be unable to identify the vehicle or the driver, particularly when the pedestrian is lying injured on the road. A pedestrian injured in a hit-and-run claims compensation through the Nominal Defendant rather than through a Compulsory Third Party (CTP) insurer, and significantly shorter deadlines apply. The hit-and-run claim process is covered in detail in its own section below.

What injuries do pedestrians commonly suffer in vehicle accidents?

The most common injuries in pedestrian accidents are lower extremity fractures, traumatic brain injuries, and pelvic fractures. Pedestrian injuries are typically more severe than injuries sustained by vehicle occupants because the pedestrian's body absorbs the full force of the collision with no structural protection.

Pedestrian injuries frequently involve multiple body regions simultaneously. A single collision can produce fractures, internal injuries, head trauma, and psychological injury in the same accident because the pedestrian's body passes through multiple phases of impact with the vehicle and the ground.

Pedestrian accidents commonly result in the following 7 injury types, each with distinct implications for compensation.

• Lower extremity fractures. The vehicle's bumper bar strikes the pedestrian's legs at or below knee height in the first phase of the collision, making lower extremity fractures the most common pedestrian injury. Pedestrian accidents frequently cause fractures to the tibia, fibula, femur, ankle, knee, and foot. These fractures are often complex rather than simple because of the high energy transferred by the vehicle. Complex pedestrian fractures include comminuted fractures (where the bone shatters into multiple fragments) and open fractures (where the bone breaks through the skin). Surgical fixation with plates, rods, or screws is often required, followed by months of rehabilitation. A pedestrian who sustains a complex lower limb fracture may face permanent restrictions on mobility and the ability to stand or walk for extended periods.

• Traumatic brain injury. Traumatic brain injury occurs when the pedestrian's head strikes the vehicle's windscreen, bonnet, or A-pillar, or when the head strikes the ground after being thrown from the vehicle. Pedestrian collisions produce traumatic brain injuries at a higher rate than most other motor vehicle accident types because the pedestrian's head is unprotected by a helmet, headrest, or vehicle cabin. The severity ranges from mild concussion to permanent brain damage causing cognitive, physical, and behavioural impairment. Children and elderly pedestrians are disproportionately represented in these injuries. Children's heads are proportionally larger relative to their bodies, making head contact with the vehicle more likely. Elderly pedestrians are more vulnerable to brain injury from the same impact force. Compensation for traumatic brain injury claims in Queensland attracts some of the highest injury scale value (ISV) assessments in the schedule of the Civil Liability Regulation 2025 (Qld).

• Pelvic fractures and internal organ injuries. Pelvic fractures occur when the pedestrian's hips and pelvis strike the vehicle's bonnet during the collision. A pelvic fracture can cause life-threatening internal bleeding and damage to the bladder, urethra, and surrounding organs. Internal organ injuries to the spleen, liver, and kidneys occur when the torso strikes the bonnet or when the pedestrian is thrown to the ground. These injuries are not always immediately apparent and can deteriorate rapidly without emergency medical treatment. Research published in the Journal of Orthopaedic Trauma found that unstable pelvic fractures and femur fractures both correlated with mortality in pedestrian motor vehicle accidents. That research also identified a characteristic pattern of combined pelvic and femoral fractures on the same side of the body (the side struck by the vehicle).

• Spinal injuries. Spinal injuries result from the twisting, hyperextension, and compression forces that occur as the pedestrian's body rotates over the vehicle and strikes the ground. A pedestrian collision can cause spinal cord injury resulting in paraplegia or quadriplegia depending on the level of the spine that is damaged. Elderly pedestrians are at particular risk of cervical spine fractures because age-related bone density loss makes the vertebrae more vulnerable to fracture at lower impact forces.

• Facial and dental injuries. Facial injuries occur when the pedestrian's face strikes the vehicle's bonnet, windscreen edge, or the ground. Pedestrian collisions can cause jaw fractures, orbital fractures, tooth loss, and soft tissue lacerations. These injuries frequently cause permanent scarring and disfigurement. The cosmetic and functional impact of facial scarring is assessed under the scarring ISV categories in the Civil Liability Regulation 2025 (Qld).

• Psychological injury. Psychological injury after a pedestrian accident includes post-traumatic stress disorder (PTSD), anxiety, depression, and a persistent fear of crossing roads or being near traffic. Psychological injury claims from pedestrian accidents are common even where the physical injuries are relatively minor, because the experience of being struck by a vehicle as an unprotected pedestrian is inherently traumatic. A pedestrian who develops a fear of crossing roads that prevents them from travelling to work, shopping, or socialising independently has sustained a compensable psychological injury under Queensland law.

• Fatal injuries. Fatal pedestrian injuries result from the combination of traumatic brain injury, internal haemorrhage, and multiple organ damage that occurs in higher-speed collisions. Elderly pedestrians aged 75 and over account for a disproportionate share of pedestrian fatalities because age-related fragility reduces the ability to survive the trauma of the impact. Nationally, pedestrian fatalities reached 167 in 2024 according to the Bureau of Infrastructure and Transport Research Economics, the highest annual pedestrian death toll in over a decade. Compensation for a fatal pedestrian accident is claimed by the deceased pedestrian's dependants and is covered in its own section below.

The pattern of injuries in serious pedestrian accidents follows a predictable biomechanical sequence that is different from any other type of motor vehicle accident. A typical pedestrian-vehicle collision at urban speeds involves 3 phases of impact. First, the vehicle's bumper bar strikes the pedestrian's lower legs, fracturing the tibia, fibula, or knee. Second, the pedestrian's body rotates onto the bonnet of the vehicle, with the pelvis and torso absorbing a second impact against the bonnet and windscreen. Third, the pedestrian's head strikes the upper windscreen, the A-pillar, or the roof edge, and the pedestrian is then either carried on the bonnet or thrown to the ground where a further impact occurs. This 3-phase sequence explains why pedestrian injuries typically involve multiple body regions simultaneously and why lower limb fractures, torso injuries, and head injuries so frequently occur together.

The speed of the vehicle at the time of impact is the single most important factor determining whether the pedestrian survives and how severe the injuries are. A pedestrian struck at 30 kilometres per hour has approximately a 10% risk of being killed. That risk rises to approximately 40% at 50 kilometres per hour. A pedestrian struck at 70 kilometres per hour or above has a greater than 90% risk of being killed. The majority of pedestrian fatalities in Australia occur in 50 and 60-75 kilometre per hour speed zones according to the National Road Safety Data Hub, which means most fatal pedestrian accidents happen on ordinary suburban roads rather than highways.

What compensation can an injured pedestrian claim in Queensland?

A successful pedestrian accident compensation claim in Queensland can include compensation for pain and suffering, lost income, future earning capacity, medical and rehabilitation expenses, care provided by family and friends, out-of-pocket costs, and interest through the Compulsory Third Party (CTP) insurance scheme. A pedestrian who sustains a catastrophic injury may also be eligible for lifetime treatment and care through the National Injury Insurance Scheme Queensland (NIISQ), regardless of fault.

In Queensland personal injury law, the categories of loss that make up a compensation claim are known as heads of damage. There are 7 heads of damage that apply to a pedestrian accident claim: general damages, past economic loss, future economic loss, superannuation loss, gratuitous care, special damages, and interest. These categories are assessed separately and combined into a total lump sum settlement.

Pedestrian claims tend to produce higher total compensation payouts than many other motor vehicle accident claims because pedestrian injuries are more severe on average, the recovery periods are longer, and the impact on the injured person's ability to work and live independently is greater. Economic loss is the single largest component of Compulsory Third Party (CTP) compensation in Queensland, accounting for approximately 50% of total scheme payments according to Motor Accident Insurance Commission data. Economic loss refers to compensation for income the injured person has lost and will lose in the future because of the injury. Pedestrian claims involving permanent disability produce particularly significant past and future economic loss because the injuries often prevent the pedestrian from returning to their pre-injury occupation.

General damages compensate for pain, suffering, and loss of enjoyment of life, calculated using the injury scale value (ISV) system under the Civil Liability Regulation 2025 (Qld) with a maximum payout of $484,100 at ISV 100. Pedestrian injuries frequently attract higher ISV assessments than vehicle occupant injuries because the injuries tend to be more severe and more likely to cause permanent impairment. Future economic loss is often the largest single head of damage in serious pedestrian claims because injuries such as traumatic brain injury, spinal cord injury, and complex lower limb fractures can permanently restrict the type of work the injured person can perform. Gratuitous care compensates for unpaid help provided by family members or friends and is claimable where the care exceeds the qualifying thresholds under the Civil Liability Act 2003 (Qld). Special damages cover out-of-pocket expenses including medical treatment, rehabilitation, travel, and aids and equipment.

A pedestrian who sustains a catastrophic injury (such as traumatic brain injury causing permanent impairment, spinal cord injury, or high-level amputation) may also be eligible for lifetime treatment, care, and support through the National Injury Insurance Scheme Queensland (NIISQ), regardless of who was at fault for the accident. NIISQ operates separately from CTP compensation and is not a lump sum payout. A seriously injured pedestrian may receive both a CTP compensation settlement and ongoing NIISQ support.

How much compensation for a pedestrian hit by a car in Queensland?

A pedestrian accident compensation claim in Queensland is typically worth between approximately $30,000 and $1.5 million depending on injury severity. The exact value of an individual claim depends on injury severity, the claimant's pre-accident income, injury permanence, contributory negligence, the claimant's age and occupation, and any pre-existing conditions.

The typical pedestrian accident compensation payout ranges in Queensland by injury severity are:

• Minor injuries ($30,000 – $150,000): soft tissue damage, lower-leg contusions, minor concussion, and superficial lacerations from vehicle contact or landing on the road.
• Serious injuries ($150,000 – $700,000): pelvic fractures from bumper-height impact, traumatic brain injury with cognitive effects, internal organ damage, and multiple lower limb fractures from direct vehicle impact.
• Catastrophic injuries ($700,000 – $3 million+): complete spinal cord injury causing paraplegia or quadriplegia, severe traumatic brain injury from impact with the road surface, crush injuries from vehicle rollover, and multi-system trauma requiring lifetime care.

There is no legislative cap on total pedestrian accident compensation in Queensland, and catastrophic injuries requiring lifetime care can reach several million dollars in rare cases. These cases typically involve young claimants with high pre-accident earnings facing decades of lost earning capacity, ongoing treatment, and care needs. The compensation amount for an individual pedestrian accident claim is calculated by assessing each of the seven heads of damage (general damages, past economic loss, future economic loss, superannuation loss, gratuitous care, special damages, and interest) under the standard methodology for how personal injury compensation is calculated in Queensland.

How are pedestrian accident compensation amounts calculated in Queensland?

Pedestrian accident compensation claims in Queensland are categorised by injury severity using the Abbreviated Injury Scale (AIS 2005), a medical classification system used in trauma medicine and road safety research worldwide. The Motor Accident Insurance Commission (MAIC) records every finalised Compulsory Third Party (CTP) claim against one of the six AIS severity bands and publishes the average payment for each band. Pedestrians sit at the higher-severity end of the distribution because they lack any structural protection and are exposed to a two-stage impact in a typical pedestrian-vehicle collision (first against the vehicle itself, then against the road surface). This means pedestrian claims on average exceed the scheme-wide average payment of approximately $128,300 across all finalised CTP claims.

The average CTP compensation payouts for pedestrian accident claims at each AIS severity band in 2024-25 are outlined below.

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Source: MAIC Injury Severity Costs Breakdown — Motor Accident Personal Injury Register, Queensland Government open data portal.

AIS 6 Maximum claims are predominantly fatalities, where compensation is claimed by dependants under the Civil Proceedings Act 2011 (Qld) as a dependency claim rather than as personal injury damages. A surviving pedestrian with catastrophic injuries at AIS 5 attracts a larger compensation amount than a fatal claim because the surviving claimant is entitled to lifetime care, future economic loss, and ongoing medical and rehabilitation costs that a dependency claim does not capture.

A pedestrian accident claim at any given severity level typically resolves within range of the schema averages for that band, adjusted for the claimant's specific circumstances. The average motor vehicle accident compensation payouts across the Queensland CTP scheme are the best public benchmark for pedestrian accident claim values at each severity level. Minor claims tend to settle faster than severe claims, so severity band figures in any given reporting year may slightly over-represent minor outcomes.

Can you claim compensation for a fatal pedestrian accident in Queensland?

Yes, when a pedestrian is killed in a motor vehicle accident in Queensland, the deceased pedestrian's dependants can claim compensation for the financial loss and emotional harm caused by the death.

A fatal pedestrian accident claim is brought by the deceased pedestrian's spouse, children, or other dependants rather than the injured person themselves. The compensation covers the loss of financial support the deceased would have provided, funeral expenses, and in some cases a separate nervous shock claim by a close family member who witnessed the accident or its immediate aftermath. Fatal car accident claims follow a different damages structure from a standard personal injury claim because the claimant is a dependant, not the person who was injured.

A fatal pedestrian accident compensation claim involves up to four separate components as outlined below.

• Dependency claim. The deceased pedestrian's spouse, children, or other dependants can claim compensation for the loss of financial support that the deceased would have provided. The dependency claim is calculated based on the deceased pedestrian's pre-death income, the number and ages of the dependants, and the expected duration of the financial support. A dependency claim for a young pedestrian with dependent children and decades of earning capacity remaining can produce a substantial compensation payout.
  
  
• Funeral expenses. The reasonable costs of the deceased pedestrian's funeral and burial or cremation are recoverable as part of the fatal claim.
  
  
• Nervous shock claim. A close family member who witnessed the fatal accident or its immediate aftermath may be eligible to claim compensation for psychiatric injury caused by the experience. A nervous shock claim requires a diagnosed psychiatric condition (such as post-traumatic stress disorder or major depression) rather than ordinary grief. The claimant must establish that the psychiatric injury was a reasonably foreseeable consequence of the driver's negligence.
  
  
• Estate claim. The deceased pedestrian's estate can claim compensation for the pain and suffering the pedestrian experienced between the time of the accident and the time of death, as well as any medical expenses incurred during that period. The estate claim is relevant where the pedestrian survived for a period after being struck before dying from the injuries.

How does contributory negligence affect a pedestrian accident claim?

Contributory negligence is a legal finding that the injured person's own actions contributed to the accident or to the severity of the injuries. In a pedestrian accident claim, a finding of contributory negligence reduces the total compensation by the percentage of fault attributed to the pedestrian. For example, a pedestrian found 25% at fault for the accident receives 75% of the total compensation that would otherwise be payable.

Contributory negligence is raised more frequently in pedestrian claims than in most other motor vehicle accident claims. The reason is that Compulsory Third Party (CTP) insurers have more arguments available against a pedestrian than against another driver. A driver who hits another car has limited arguments about the other driver's behaviour. A driver who hits a pedestrian can point to where the pedestrian was crossing, whether the pedestrian was paying attention, whether the pedestrian was intoxicated, and whether the pedestrian was visible. The CTP insurer does not need to prove that the pedestrian caused the accident. The insurer only needs to establish that the pedestrian's actions contributed to the collision or to the severity of the injuries.

A finding of contributory negligence reduces the compensation but does not defeat the claim unless the pedestrian is found 100% responsible.

CTP insurers typically rely on several recurring arguments when assessing pedestrian claims.

• Jaywalking. A pedestrian who was crossing the road outside a designated crossing or against a red pedestrian signal can still claim compensation, but the payout is typically reduced by 10-30% depending on the circumstances. Queensland road rules require pedestrians to use a crossing if one exists within 20 metres. Crossing outside that range or where no crossing is available nearby attracts a lower reduction (10-15%) than crossing a busy multi-lane road 50 metres from a marked crossing (20-30%). A pedestrian who steps out from between parked cars without looking will receive a higher reduction than a pedestrian who checked for traffic but misjudged the speed of an approaching vehicle. The driver's duty of care is not removed by the pedestrian's decision to jaywalk. A driver who was speeding or distracted will still bear the majority of fault.
  
  
• Intoxication. A pedestrian who was intoxicated at the time of the accident can still claim compensation, but section 24 of the Civil Liability Act 2003 (Qld) creates a presumption of contributory negligence that the pedestrian must overcome. The practical effect is that the CTP insurer does not need to prove the intoxication contributed to the collision. The burden shifts to the pedestrian to demonstrate that the intoxication played no role. The reduction for intoxication varies widely (10-50%) depending on the circumstances. A pedestrian who was heavily intoxicated and walked onto a road without looking may receive a substantial reduction. A pedestrian who had consumed alcohol but was walking on a footpath when struck by a vehicle that mounted the kerb may successfully argue that the intoxication had no connection to the accident. The driver's duty of care toward the pedestrian is not diminished by the pedestrian's intoxication. A driver who sees an obviously intoxicated pedestrian near the road has a heightened obligation to exercise caution.

• Distraction and low visibility. A pedestrian who was distracted by a mobile phone or wearing dark clothing at night may have the compensation reduced, but these arguments are weaker than jaywalking or intoxication because no Queensland road rule requires a pedestrian to avoid using a phone or to wear bright clothing. A pedestrian who steps onto a road while looking at a phone has contributed to the collision through inattention, and the CTP insurer will argue the pedestrian failed to take reasonable care. A low visibility argument is harder for the insurer to sustain. The driver retains a duty to keep a proper lookout and to drive at a speed that allows the driver to stop for hazards visible within the range of the vehicle's headlights. A pedestrian who was on a footpath or at a designated crossing while wearing dark clothing should receive no reduction at all.

• Child pedestrians. A child pedestrian can be found partially at fault for a pedestrian accident, but the standard of care expected from a child is significantly lower than the standard expected from an adult. Queensland law assesses a child's contributory negligence based on what a reasonable child of the same age would have done in the same circumstances. Very young children (generally under 6) are considered incapable of the judgment required to be contributorily negligent, and no reduction is applied regardless of how the child came to be on the road. Drivers owe a heightened duty of care to child pedestrians. A driver who strikes a child in an area where children are commonly present (near a school, a park, or a residential street) will bear the overwhelming majority of fault. The time limit for a child pedestrian's compensation claim is also different from an adult claim. A child injured in a pedestrian accident has until their 21st birthday to commence court proceedings, and any settlement of a child's claim must be approved by the court.

How does the pedestrian accident claim process work in Queensland?

The pedestrian accident claim process in Queensland follows the same Compulsory Third Party (CTP) claims process that applies to all motor vehicle accident claims, beginning with reporting the accident to police and lodging a Notice of Accident Claim Form with the CTP insurer of the at-fault vehicle. The full motor vehicle accident claims process involves 10 stages from reporting the accident through to settlement or trial.

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The 4 main stages of a pedestrian accident compensation claim are outlined below.

1. Lodging the Notice of Accident Claim Form. The legal process begins when the injured pedestrian (or their lawyer) lodges a Notice of Accident Claim Form (NACF) with the CTP insurer of the vehicle that caused the accident. The Notice of Accident Claim Form must be lodged within 9 months of the date of the accident, or within 1 month of first consulting a lawyer, whichever falls earlier. A pedestrian accident involving an unidentified or unregistered vehicle is lodged with the Nominal Defendant within 3 months.

2. Insurer investigation and medical assessment. The CTP insurer investigates liability by obtaining the police crash report, reviewing CCTV or dashcam footage, and taking statements from the driver and witnesses. Claims involving disputed liability require more extensive investigation than claims where fault is clear. The CTP insurer is also required to fund reasonable rehabilitation and medical treatment for the injured pedestrian during the investigation, regardless of whether the claim has been finalised. The insurer will arrange independent medical examinations to assess the nature and severity of the injuries. The injured pedestrian should reach maximum medical improvement (the point where the injuries have stabilised and no further significant recovery is expected) before the claim is settled. Settling too early risks undervaluing the long-term impact of the injuries.

3. Compulsory conference. A compulsory conference (a formal settlement meeting between the injured pedestrian's lawyer and the CTP insurer) is a mandatory step before court proceedings can be commenced. The majority of pedestrian claims that reach compulsory conference are resolved at that stage without proceeding to court.

4. Settlement or court proceedings. A claim resolved at compulsory conference or through negotiation results in a lump sum settlement paid by the CTP insurer. A claim that cannot be resolved proceeds to court, where a judge determines both liability and the compensation amount. Court proceedings must be commenced within 3 years of the date of the accident under the Limitation of Actions Act 1974 (Qld).

What should you do immediately after a pedestrian accident?

A pedestrian who is conscious and able to act after being struck by a vehicle should take the following 5 steps.

1. Call an ambulance or attend a hospital. A pedestrian struck by a motor vehicle should receive medical assessment even when the injuries appear minor. Pedestrian injuries including internal bleeding, traumatic brain injury, and spinal injuries are not always immediately apparent and can deteriorate rapidly. The initial medical assessment also creates the first medical record linking the injuries to the accident.

2. Report the accident to the Queensland Police Service. A pedestrian accident involving injury must be reported to police. The police crash investigation report documents the location, the vehicles involved, witness accounts, and any preliminary assessment of fault. The Queensland Police Service (QPS) event number is required when lodging the CTP claim.

3. Record the registration number of the vehicle. The registration number identifies which CTP insurer the claim is lodged with. A pedestrian who is unable to record the registration number because of the severity of the injuries should ask a witness or bystander to record it. A pedestrian who cannot identify the vehicle at all lodges the claim with the Nominal Defendant instead.

4. Photograph the scene and the injuries. Photographs of the accident scene, the injuries, the vehicle's position, any skid marks, traffic signals, and road markings provide critical evidence for the compensation claim.

5. Collect witness details. The names and contact details of any witnesses should be recorded as soon as possible. Witnesses can provide statements about the driver's speed, the pedestrian's position, the traffic signal phase, and whether the driver attempted to brake.

The steps taken immediately after a pedestrian accident affect both medical recovery and the strength of any compensation claim. These actions are not part of the formal claims process, but they create the medical records and evidence the Compulsory Third Party (CTP) claim relies on. The same principles that apply to what to do after a car accident also apply to pedestrian accidents, although a seriously injured pedestrian may not be able to take these steps personally.

What happens if the driver who hit you cannot be identified?

If the driver who hit you cannot be identified, you can lodge the compensation claim with the Nominal Defendant, a statutory body that acts as the Compulsory Third Party (CTP) insurer where no CTP insurer exists for the at-fault vehicle.

Hit-and-run accidents are a particular problem for pedestrians. A pedestrian who has been struck by a vehicle and is lying injured on the road is rarely in a position to record the registration number or pursue the vehicle. A driver who clips a pedestrian and continues driving may not realise contact occurred, or may leave the scene deliberately. A vehicle that causes a pedestrian to fall without making physical contact (for example, a car that mounts the kerb and forces the pedestrian to jump clear) is also treated as an unidentified vehicle if the pedestrian cannot record the registration number. The Nominal Defendant handles all claims where the at-fault vehicle cannot be identified or was not registered and therefore not insured at the time of the accident.

The pedestrian does not need to identify the vehicle in order to make a claim. The pedestrian must demonstrate that a motor vehicle caused the injury and that reasonable steps were taken to identify the vehicle at the time of the accident. Evidence that the pedestrian was unable to identify the vehicle because of the severity of the injuries, because the accident occurred at night, or because the driver left the scene before the pedestrian could see the registration is sufficient to establish reasonable efforts.

What are the deadlines for a hit-and-run pedestrian claim?

The deadlines for a hit-and-run pedestrian claim are significantly shorter than for a standard CTP claim, and the consequences of missing them are more severe. The Notice of Accident Claim Form must be lodged with the Nominal Defendant within 3 months of the accident. A reasonable excuse for the delay may be accepted up to 9 months, but beyond 9 months the right to claim compensation against the Nominal Defendant is permanently lost with no extension available. This 9-month absolute bar is stricter than the standard CTP (Compulsory Third Party) deadline, where late lodgement may still be accepted with a reasonable excuse.

The shorter deadlines make early legal advice critical for pedestrians injured in hit-and-run accidents. A pedestrian who assumes the standard 9-month deadline applies and delays lodging the claim may miss the 3-month Nominal Defendant deadline entirely. A pedestrian who is unsure whether the at-fault vehicle was registered should verify the registration status immediately after the accident using the Motor Accident Insurance Commission online CTP insurer search tool. Assuming the vehicle was registered and working to the standard 9-month deadline can result in missing the Nominal Defendant deadline.

What evidence do you need for a hit-and-run pedestrian claim?

The evidence required for a hit-and-run pedestrian claim must establish that a motor vehicle caused the pedestrian's injury and that the pedestrian took reasonable steps to identify the vehicle.

A hit-and-run claim relies on different evidence than a standard CTP claim because the driver and vehicle are unknown. The main types of evidence used to support a hit-and-run pedestrian claim are outlined below.

• Queensland Police Service (QPS) event number and investigation. A police report is essential for every hit-and-run claim. The police investigation may identify the vehicle through CCTV, witness accounts, or forensic evidence such as paint transfer on the pedestrian's clothing. The QPS event number is required when lodging the claim with the Nominal Defendant.

• CCTV and traffic camera footage. CCTV footage from nearby businesses, traffic cameras, and residential security systems is often the best chance of identifying the vehicle or confirming that a vehicle was involved. This footage should be requested as early as possible because many systems overwrite recordings within days or weeks.

• Witness statements. Witnesses who saw the collision may be able to describe the vehicle's make, model, colour, or partial registration number. Bystanders, other drivers, shop workers, and bus passengers near the scene should all be approached for contact details and statements.

• Medical records. Medical records from the first treatment onwards establish the nature and severity of the injuries and confirm that the injuries are consistent with being struck by a motor vehicle. The pattern of injuries (lower limb fractures, head injuries from bonnet impact) can corroborate that a vehicle caused the accident even where no vehicle has been identified.

• Physical evidence at the scene. Vehicle debris, paint transfer on the pedestrian's clothing, tyre marks, and damage to street furniture or other objects at the scene can corroborate that a motor vehicle was involved. That physical evidence may also help identify the vehicle type.

What are the time limits for a pedestrian accident claim in Queensland?

The deadline to lodge a pedestrian accident compensation claim in Queensland is 9 months from the date of the accident or 1 month after first consulting a lawyer, whichever is earlier. A separate 3-year deadline applies to commencing court proceedings if the claim cannot be resolved through negotiation.

The 4 deadlines that apply to time limits for car accident claims in Queensland apply identically to pedestrian accident claims, as outlined below. 

• 9-month deadline (standard claim). A Notice of Accident Claim Form (NACF) must be lodged with the Compulsory Third Party (CTP) insurer of the at-fault vehicle within 9 months of the date of the accident under s 37 of the Motor Accident Insurance Act 1994 (Qld). Late lodgement may be accepted where the pedestrian provides a reasonable excuse for the delay, but acceptance is not guaranteed.

• 1-month deadline (after consulting a lawyer). The NACF must also be lodged within 1 month of first consulting a solicitor about the claim, if that date falls earlier than the 9-month deadline. The 1-month deadline is triggered by the consultation itself, not by formally engaging the lawyer.

• 3-month deadline (Nominal Defendant claim). A pedestrian accident involving an uninsured, unregistered, or unidentified vehicle must be lodged with the Nominal Defendant within 3 months of the accident. A reasonable excuse for the delay may be accepted up to 9 months, but beyond 9 months the right to claim compensation against the Nominal Defendant is permanently lost with no extension available.

• 3-year limitation period (court proceedings). Court proceedings must be commenced within 3 years of the date of the accident under s 11 of the Limitation of Actions Act 1974 (Qld). Commencing court proceedings means filing the initiating documents with the court registry, not going to trial.

Children injured in pedestrian accidents have a different limitation period. A child pedestrian has until their 21st birthday (3 years from turning 18) to commence court proceedings, and the 9-month NACF deadline can be lodged by a parent or guardian on the child's behalf. Any settlement of a child pedestrian's compensation claim must be approved by the court.

Who pays compensation in a pedestrian accident in Queensland?

The compensation in a pedestrian accident in Queensland is paid by the Compulsory Third Party (CTP) insurer of the vehicle that caused the accident, not by the driver personally. Every registered vehicle in Queensland carries CTP insurance as part of its registration, and the CTP insurer pays the pedestrian accident compensation from that policy.

The party that pays depends on the circumstances of the accident. In most pedestrian accident claims, the at-fault vehicle is registered and insured, and the claim is straightforward. The process becomes more complex when the vehicle is unregistered, uninsured, or cannot be identified, or when the pedestrian was not hit by a motor vehicle at all.

The four main payer scenarios in a pedestrian accident claim are outlined below.

• Identified registered vehicle. The compensation claim is lodged with and paid by the CTP insurer of the at-fault vehicle. The driver is not personally liable. The pedestrian identifies the CTP insurer by searching the vehicle's registration number on the Motor Accident Insurance Commission website.

• Unregistered or uninsured vehicle. A pedestrian injured by a vehicle that was not registered (and therefore not covered by CTP insurance) lodges the claim with the Nominal Defendant. The Nominal Defendant is a statutory body established under the Motor Accident Insurance Act 1994 (Qld) to ensure that injured people are not left without compensation because the at-fault vehicle had no CTP insurance.

• Unidentified vehicle (hit-and-run). A pedestrian who cannot identify the vehicle that caused the accident lodges the claim with the Nominal Defendant. The pedestrian must demonstrate that a motor vehicle caused the injury and that reasonable steps were taken to identify the vehicle.

• Employer vehicle. A pedestrian struck by a vehicle being driven for work purposes claims CTP compensation from the vehicle's CTP insurer in the usual way. The employer's vicarious liability (legal responsibility for the actions of an employee acting in the course of employment) does not change the claims process. The CTP insurer pays the claim regardless of whether the driver was on personal or work business at the time.

Can you claim compensation if hit by an e-scooter or cyclist as a pedestrian?

A pedestrian injured by an e-scooter or cyclist cannot claim compensation through the CTP scheme because e-scooters and bicycles are not motor vehicles and do not carry CTP insurance. The pedestrian may have a public liability claim against the rider, but the claims process and funding mechanism are entirely different.

E-scooters are a growing source of pedestrian injuries in Queensland. Emergency department presentations related to e-scooters in Queensland almost doubled from 691 in 2021 to 1,273 in 2023 according to figures compiled by the Jamieson Trauma Institute. Eight people were killed in personal mobility device (PMD) incidents on Queensland roads in 2024 according to a Queensland Government Ministerial Media Statement reporting the 2024 road toll. A pedestrian struck by a privately owned e-scooter must pursue a public liability claim against the individual rider, which requires the rider to have public liability insurance or personal assets sufficient to pay the compensation. A pedestrian struck by a hired e-scooter (from operators such as Lime, Neuron, or Beam) may be able to claim against the hire company's public liability insurance, though coverage and processes vary between operators.

A pedestrian injured by a cyclist faces a similar problem. Bicycles do not carry Compulsory Third Party (CTP) insurance, and most cyclists do not hold personal public liability insurance. A pedestrian struck by a cyclist may need to pursue a claim against the cyclist's home and contents insurance (if the policy includes personal liability cover) or against the cyclist's personal assets. Recovering compensation from an uninsured cyclist is significantly harder than claiming through the CTP scheme because there is no compulsory insurance scheme guaranteeing that funds are available to pay the claim.

The absence of compulsory insurance for e-scooters and bicycles means that a pedestrian injured by an e-scooter or cyclist may have a valid legal claim but no practical way to recover the compensation. That is why e-scooter accident claims involve a distinct legal pathway that is separate from the CTP motor vehicle accident claims process.

Do you need a lawyer for a pedestrian accident claim in Queensland?

No, a lawyer is not legally required to make a pedestrian accident compensation claim in Queensland but claimants with legal representation consistently receive significantly higher compensation than claimants who manage the claim directly with the Compulsory Third Party (CTP) insurer.

The scheme-wide average compensation for represented claimants is $162,118, compared with $27,267 for unrepresented claimants. These figures are based on analysis of Queensland CTP scheme data obtained from MAIC publications, a Taylor Fry premium review presented by MAIC, and a Queensland Treasury right-to-information release. Insurer-specific analysis by the Australian Lawyers Alliance in 2024 found ratios of up to 8:1 between represented and unrepresented claimant payouts. The gap extends beyond compensation amounts. Represented claimants also receive higher rehabilitation funding during the claims process ($17,604 average compared with $6,122 for unrepresented claimants), which directly affects the quality of medical treatment and recovery.

Pedestrian claims particularly benefit from legal representation for three main reasons. Firstly, contributory negligence is raised more frequently in pedestrian claims than in most other motor vehicle accident claims, and a lawyer experienced in pedestrian accidents understands how to counter jaywalking, intoxication, and distraction arguments. Second, pedestrian injuries tend to be more severe than vehicle occupant injuries, which means the compensation amounts are larger and the CTP insurer has a greater financial incentive to dispute the claim or reduce the payout. Lastly, the claims process involves independent medical examinations, liability investigations, and compulsory conference negotiations that are difficult for an unrepresented pedestrian to navigate effectively against experienced insurer legal teams.

Most personal injury lawyers in Queensland offer no win no fee representation for pedestrian accident claims, which means the injured pedestrian does not pay legal fees unless the claim is successful. A pedestrian who receives a settlement offer from the CTP insurer should understand how personal injury compensation is calculated before accepting it, because the offer may not reflect the full value of the claim across all categories of loss (heads of damage).