Pedestrian Accident Claims in Queensland

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:

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:

See our page on hit and run claims for more.

What you can claim

A pedestrian’s CTP claim can include compensation for:

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:

You can compare more motor vehicle outcomes in our review of 2025 motor vehicle accident judgments.

Time limits

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

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

This page is general information only and is not legal advice. Time limits and your options depend on your circumstances.