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If you’ve been struck by a vehicle while using a pedestrian crossing, the first thing you should know is that Victorian law is firmly on your side.
Rule 81 of the Road Safety Road Rules 2017 (Vic) requires drivers to give way to any pedestrian on or entering a pedestrian crossing. That obligation isn’t optional – it’s a legal duty. And it doesn’t stop at zebra crossings. When turning at an intersection, drivers must also give way to pedestrians crossing the road they’re entering (Transport Victoria).
So if a driver failed to stop, was distracted by their phone or simply wasn’t paying attention, they’ve breached their duty of care. That breach is the foundation of both your TAC claim and any potential common law action.
Key Insights
- Under Victorian law, drivers must give way to anyone on or entering a pedestrian crossing. If a driver strikes you at a crossing, they’ve likely breached their duty of care.
- Victoria’s TAC is a no-fault scheme, meaning you can lodge a claim for medical treatment, rehabilitation and income support even if you were partly at fault.
- In 2024–25 alone, 583 pedestrians were hospitalised across Victoria after being hit by vehicles.
- If your injuries meet the serious injury threshold (30% or more whole person impairment), you may also be entitled to pursue a common law claim for additional compensation.
- Time limits apply to TAC claims. Speaking with experienced compensation lawyers early protects your rights.
How the TAC Can Help After a Pedestrian Accident
Victoria’s Transport Accident Commission (TAC) operates a no-fault insurance scheme. That means you’re entitled to support regardless of who caused the accident, even if you stepped onto the crossing without checking for traffic first.
The TAC can cover medical and hospital treatment, rehabilitation services such as physiotherapy and psychology, income replacement if you can’t work (after the first five days), travel costs for medical appointments, home and childcare services during your recovery, and modifications to your home or vehicle if you’re left with a permanent disability.
Every registered vehicle in Victoria contributes to this scheme through the TAC charge on registration, so these benefits exist specifically for situations like yours.
What Should You Do Straight After Being Hit?
The steps you take immediately after a pedestrian crossing accident can make a real difference to the strength of your claim.
- Call 000 if you or anyone else needs urgent medical attention. Even if your injuries seem minor, see a doctor as soon as possible. Some injuries, particularly soft tissue damage and concussions, don’t present symptoms immediately.
- Ask someone to photograph the scene, including the crossing, the vehicle, any skid marks and your injuries.
- Get contact details from any witnesses.
- Report the accident to Victoria Police if they didn’t attend the scene.
- Keep every medical receipt, report and referral from the very start.
It’s also worth knowing that your TAC claim should be lodged as soon as reasonably possible. While there are time limits, the sooner you lodge, the sooner your treatment and income support can begin.
When Can You Pursue a Common Law Claim?
A TAC statutory claim covers your immediate medical and support needs. But if your injuries are severe and another party was at fault, you may also be eligible to pursue a common law claim for additional compensation.
To qualify, your injury must be assessed at 30% or more whole person impairment, and you’ll need to demonstrate that the driver’s negligence directly caused your injuries. Common law damages can include compensation for pain and suffering, loss of future earning capacity, and ongoing care needs. These compensation amounts often exceed what statutory benefits alone provide.
It’s important to be aware that if a common law claim is finalised and compensation is paid, certain TAC statutory benefits may stop. That’s why getting legal advice before making any decisions about your claim pathway is so important. An experiencedTAC lawyer can assess your situation and explain which option (or combination) gives you the best outcome.
Pedestrian Accidents Are More Common Than You’d Think
The numbers are sobering. In 2025, 52 pedestrians lost their lives on Victorian roads. In the same year, 583 pedestrians were hospitalised after being struck by vehicles. And these figures only capture the most serious cases. Many more pedestrians sustain injuries that don’t require hospital admission but still affect their ability to work, care for their families and live without pain.
TAC data also shows that 33 of the 48 pedestrian fatalities in 2024 occurred in speed zones of 60 km/h or higher. The physics are brutally simple: a pedestrian hit at 50 km/h is twice as likely to die compared to being hit at 40 km/h. Crossings on busy, high-speed roads pose the greatest risk.
Talk to Someone Who’ll Fight for You
Being struck by a vehicle at a pedestrian crossing can leave you dealing with broken bones, head injuries, spinal damage, or chronic pain – alongside mounting medical bills and lost income. You shouldn’t have to fight the system alone while you’re trying to recover.
Our car accident lawyers and motorcycle accident lawyers have helped hundreds of Victorians navigate the TAC process and secure the compensation they’re entitled to on a no-win, no-fee basis.
If you or someone you care about has been injured at a pedestrian crossing, call our team on 03 9001 1318 for a free, obligation-free conversation about your options. We’ll take the time to listen, explain your rights, and make sure nothing gets missed.
This article provides general information only and does not constitute legal advice. Every personal injury case depends on its individual circumstances. If you’ve been injured, we recommend seeking independent legal advice as early as possible.
Contact Henry Carus + Associates for FREE today.
