Pedestrian struck by hit-and-run driver

A 36 year old pedestrian, who was intoxicated, was walking to his sister’s home from a nearby tavern in Deception Bay.

At about 7pm that night he began to cross near a round-about on Maine Terrace when a car suddenly turned from Bay Avenue.  The car struck the pedestrian and then drove off: leaving the pedestrian with injuries to both feet and a post traumatic stress disorder.

Because the car could not be identified the injury compensation claim proceeded against the Nominal Defendant (the state insurer of such vehicles in the CTP scheme).  They denied liability and challenged the amount of compensation payable.

The court ultimately accepted the pedestrian’s version of events and found that the unidentified vehicle was at fault.

The pedestrian had a relatively checkered work history and some recent criminal history.  He had been largely unemployed in the years leading up to the accident and had a chronic alcoholism condition.  Despite all of these issues the court was still satisfied the accident-related injuries and PTSD would result in a loss of earnings for the pedestrian.  He was awarded $70,000 for future economic loss, a total of $124,934 in damages.

If this article could be relevant to your situation please contact us.  We’d be more than happy to help guide you through your possible options.

For more details read the full version of the court judgment:

McLean v Nominal Defendant [2012] QDC 73

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