Being hit by a car while you’re on foot is one of the most frightening things that can happen on a Queensland road, and some of the most serious injuries we see come from it. The good news is that pedestrians are among the best-protected people in the CTP system. You don’t need to have been blameless to claim, the driver usually won’t pay out of their own pocket, and the rules cover more places than most people expect, including driveways and shopping centre carparks. This guide explains who pays, how fault is worked out, what happens if you had been drinking or the driver didn’t stop, and the steps and time limits that protect your claim.
Who pays when a pedestrian is hit
In Queensland, injuries caused by a registered motor vehicle are covered by compulsory third party (CTP) insurance. If you’re hit by a car, ute, truck, bus or motorbike, your claim is made against the CTP insurer of that vehicle, and it’s the insurer that deals with the claim and pays any compensation. The driver is generally not personally liable, which often matters to people who were hit by a neighbour, a workmate or a family member reversing out of a driveway.
If the vehicle was unregistered or uninsured, or the driver drove off and can’t be identified, the claim goes to the Nominal Defendant, a government body that stands in as the insurer.
Footpaths, driveways and carparks count too
CTP isn’t limited to accidents on public roads. The compulsory policy on a registered vehicle covers injuries caused by its driving anywhere in Australia, so a pedestrian hit on a footpath, in a private driveway or in a shopping centre carpark can claim in the same way as someone hit on the road. Reversing accidents are covered too, and the road rules require drivers to reverse only when it’s safe and to give way to pedestrians when entering or leaving a driveway or carpark.
There are some limits. An uninsured vehicle is only covered on a road or in a public place, and some machinery, such as forklifts and tractors, is only covered on a road. And there has to be some fault by someone in how the vehicle was driven. CTP isn’t a no-fault scheme.
E-scooters are different. They aren’t registered vehicles, so a pedestrian hit by an e-scooter usually has no CTP claim. We explain the options in our guide to pedestrians hit by an e-scooter.
Do you have to be completely blameless?
No. This is the most common misunderstanding we hear. If the driver was negligent, you can claim even if you also made a mistake, such as crossing away from a crossing or stepping out without looking properly. Your compensation may be reduced to reflect your share of the responsibility, which is called contributory negligence, but it isn’t lost.
Courts start from the position that a driver in control of a vehicle usually bears most of the responsibility, because a car can do far more damage than a person on foot. The comparison looks at what each person did, how careless it was, and how much it contributed to the accident.
The road rules are part of that picture, on both sides. Pedestrians must not cross within 20 metres of a pedestrian crossing except at the crossing, must not start crossing on a red pedestrian light, and must not step into the path of a vehicle and cause a hazard. Drivers must give way to pedestrians when turning at an intersection, when entering or leaving a driveway or carpark, and at pedestrian crossings, and must drive at a speed that lets them stop for someone on a crossing. Breaking a road rule doesn’t automatically decide a claim either way, but insurers will point to it.
Walking at night or on country roads
Plenty of Queensland roads have no footpath, and people walk on them at night. The road rules say a pedestrian should use a footpath or nature strip if there is one, and otherwise keep to the side of the road facing oncoming traffic, unless that’s impracticable.
That last part matters. In Eden v Jamieson, a man walking at night along an unlit rural road near Dysart, with his back to traffic and just inside the edge of the road, was hit from behind by the side mirror of a passing ute. The insurer argued he was partly to blame for his dark clothing, for walking with his back to traffic and for not using the overgrown verge. The court rejected every one of those arguments, found no contributory negligence at all, and awarded about $988,000. The Court of Appeal upheld the decision in 2024, accepting that walking on the other side of the road wasn’t practical there.
Not every night-time case turns out that way, but it’s a good example of why an insurer’s first view of fault shouldn’t be taken as the final word.
If you had been drinking
If you were intoxicated when you were hit, the Civil Liability Act 2003 presumes you were partly responsible and requires your compensation to be reduced by at least 25%, unless you can rebut the presumption. “Intoxicated” means alcohol or a drug had impaired your capacity to take proper care, not simply that you’d had a drink.
The presumption can be rebutted by showing your intoxication didn’t contribute to the driver’s negligence. Queensland cases have gone both ways:
- In Allianz Australia Insurance Ltd v Swainson [2011] QCA 136, a man who had been drinking was walking along the fog line at night, hitchhiking with his back to traffic, and stepped into a car’s path. The Court of Appeal increased the reduction to his compensation from 40% to 60%.
- In McLean v Nominal Defendant [2012] QDC 73, a pedestrian who had been drinking was hit by an unidentified car at a roundabout crossing. The presumption was rebutted because the accident came down to the driver’s poor lookout, which had nothing to do with the pedestrian’s drinking.
- In McAndrew v AAI Ltd [2013] QSC 290, the insurer couldn’t prove the pedestrian was intoxicated within the legal meaning at all, because there was no blood alcohol reading or expert evidence. There was no reduction.
The higher 50% minimum that applies to drunk drivers doesn’t apply to pedestrians. The rules for passengers are different again, and we cover them in our guide for passengers hurt when the driver had been drinking.
When the pedestrian is a child
Children are some of the most vulnerable pedestrians, especially around driveways, school zones and carparks. A child can claim through the CTP insurer in the same way as an adult, usually with a parent acting for them.
Two points are worth knowing. First, a child’s behaviour is generally judged by what can reasonably be expected of a child of that age, not by adult standards. Second, the time limits work differently. The general deadline to start court proceedings runs until three years after the child turns 18. But the notice requirements for a CTP claim don’t automatically wait, and a late notice needs a reasonable excuse. Don’t leave a child’s claim until they’re older. Get advice early so the evidence is preserved.
If the driver didn’t stop
If you were hit by a vehicle that drove off and can’t be identified, you can still claim, against the Nominal Defendant. But the rules are stricter:
- You must make a proper effort to identify the vehicle, which usually means reporting to police promptly, looking for witnesses and CCTV, and following up. Our guide on your responsibility to identify the vehicle explains what counts.
- Notice of the claim is due within three months, and the claim is barred altogether if notice isn’t given within nine months.
See our page on hit and run claims for more.
What you can claim
A pedestrian’s CTP claim can include compensation for:
- pain and suffering, assessed on Queensland’s injury scale
- past and future loss of income and superannuation
- medical, hospital, rehabilitation and travel costs, now and in the future
- care provided by family and friends, if it meets the minimum hours
- help you need with tasks you can no longer do, such as housework or yard work.
For the most serious injuries, such as spinal cord injuries, severe brain injuries, major amputations and serious burns, Queensland’s National Injury Insurance Scheme funds lifetime treatment, care and support regardless of fault, and a damages claim covers the rest. If you were hit while working, for example on roadworks, workers’ compensation may be involved too, and the two claims interact.
Queensland pedestrian claims that went to court
Most pedestrian claims settle, so court judgments are only part of the picture. These Queensland decisions from our personal injury quantum database show the range:
- Footpath, driver lost control. In Bosk v Burgess, a young tourist standing on a Noosa Heads footpath was hit when a driver lost control at a roundabout, and lost his leg below the knee. Liability was admitted, and the judgment came to about $2.08 million. The insurer had offered $2.25 million years earlier, so he had to pay much of its legal costs, a reminder that settlement offers need careful advice.
- Night walk on a rural road. In Eden v Jamieson, described above, liability was disputed and the pedestrian won about $988,000 with no reduction for contributory negligence.
- Worker on foot beside the road. In Lawson v Munns, a road-works supervisor near Ayr was hit by a car that left the road and struck parked vehicles. Liability was admitted, and he was awarded about $174,000 for a broken leg and its effects.
- Credibility matters. In Baldock-Davis v Popham, a pedestrian on the Gold Coast was pushed onto a bonnet in a chain collision. Liability was admitted, but the court didn’t accept her account of her ongoing symptoms and awarded about $41,000.
You can compare more motor vehicle outcomes in our review of 2025 motor vehicle accident judgments.
Time limits
- Police. The accident must be reported to police for a CTP claim. If police didn’t attend, report it yourself as soon as you can.
- Notice of Accident Claim Form. The CTP claim form is generally due within nine months of the accident (or of symptoms first appearing), or within one month of first consulting a lawyer about a claim, whichever is earlier.
- Unidentified vehicles. Three months to notify the Nominal Defendant, and the claim is barred after nine months.
- Court proceedings. Generally three years from the accident, or until age 21 for a child.
Late notice is sometimes possible with a reasonable excuse, but it’s much better not to rely on that.
What to do if you’ve been hit
- Get medical treatment and tell every doctor you were hit by a vehicle, so it’s in the records. Head injuries in particular can be worse than they first seem.
- Report it to police and keep the event number.
- Get the driver’s details and the registration number, and the names and numbers of any witnesses.
- Photograph the scene before it changes, including the lighting, the footpath or verge, crossings, signs and any skid marks, and photograph your injuries as they develop.
- Look for footage. Dashcam, doorbell and shop CCTV is often overwritten within days, so ask quickly. Our post-accident evidence checklist covers what else to gather.
- Be careful with insurers. Don’t give a recorded statement or sign anything about fault before getting advice.
- Get legal advice early, especially if the insurer is saying you were partly to blame or you had been drinking.
How Roche Legal can help
Pedestrian claims are usually won or lost on fault. Insurers routinely argue that the pedestrian should have waited, looked again, worn something brighter or walked somewhere else, and those arguments can take a large share off a claim if they go unanswered. We look at the evidence early, deal with the insurer for you, and make sure your compensation reflects what really happened.
Roche Legal acts on a No Win No Fee basis for personal injury claims. If you or someone in your family has been hit by a vehicle, call us on 1300 335 334 or get in touch online for a free, no-obligation conversation about your options.
Frequently asked questions
Usually yes. If the driver was at fault, you can claim against the vehicle’s CTP insurer. Even if you were partly at fault, for example by crossing away from a crossing, your compensation may be reduced but not lost.
Yes, in most cases. CTP insurance on a registered vehicle covers injuries caused by its driving anywhere, including private driveways and shopping centre carparks, as long as someone’s fault in how the vehicle was driven caused the accident.
Generally no. The claim is made against the vehicle’s CTP insurer, which deals with it and pays any compensation. If the vehicle was unregistered or the driver can’t be identified, the Nominal Defendant stands in as the insurer.
You can still claim. If you were intoxicated, Queensland law presumes your compensation should be reduced by at least 25%, but that presumption can be rebutted, for example where the accident was caused by the driver’s poor lookout and your drinking played no part.
You can claim against the Nominal Defendant, but you must make a proper effort to identify the vehicle, and notice is due within three months. The claim is barred altogether if notice isn’t given within nine months of the accident.
The Notice of Accident Claim Form is generally due within nine months of the accident, or within one month of first speaking to a lawyer, whichever is earlier. Court proceedings generally must start within three years, or by age 21 for a child.
This page is general information only and is not legal advice. Time limits and your options depend on your circumstances.