Hit while walking or cycling: What are your rights after a motor vehicle accident?

Being hit by a car while walking or cycling is a scary and painful experience but many people shrug it off. If you’ve been injured as a pedestrian or cyclist in a motor vehicle accident in Canberra, you have legal rights to compensation – even if you think you might have been partly at fault.

At Maliganis Edwards Johnson, we help pedestrians and cyclists injured in motor vehicle accidents across the ACT.

Your rights as a pedestrian or cyclist in the ACT

Under the Motor Accident Injuries Act 2019 (ACT), you’re entitled to claim benefits and compensation if you’re injured by a motor vehicle, regardless of whether you were driving, a passenger, a pedestrian, or a cyclist.

This is important: you don’t need to prove the driver was at fault to access initial benefits. The ACT scheme provides support to most people injured in motor accidents, even if you were partly responsible.

What do you need?

Gathering the right evidence after an accident strengthens your claim and helps ensure you receive the compensation you’re entitled to. 

• Immediately at the scene: If possible, get the vehicle’s registration number; this is crucial for identifying the insurer you’ll claim against. Take photos of the accident scene, your injuries, any damage to your bicycle or belongings, and the surrounding area including road conditions and signage. Get contact details from any witnesses who saw what happened.
• Within 24 hours: Seek medical attention, even if you feel okay, some injuries don’t show symptoms straight away, and having medical records from the time of the accident is essential for your claim. Report the accident to police, as this creates an official record.
• Ongoing from day one: Keep all documentation related to your injuries, including medical reports, treatment receipts, evidence of time off work, and notes about how the accident has affected your daily life.

If you’re unsure what you need or if you’ve missed gathering some evidence, contact MEJ, we can help you piece together your claim and obtain records you may not have access to yourself.

What compensation can you claim?

The ACT motor accident scheme has two stages of benefits.

Stage One: Defined benefits

You should apply within 13 weeks of your accident (maximum two years with valid reasons). Your application needs a Personal Injuries Application submitted to the at-fault vehicle’s insurer and a Medical Report from your GP or specialist.

Income replacement benefits: If you’re at least 15 and were in paid work or capable of work, you’ll be compensated for lost income based on your injury, treatment needs, and fitness for work.

Treatment and care benefits: Compensation covering treatment, medication, domestic services, and travel expenses. Treatment benefits are payable for five years from your accident.

Stage Two: Quality of life benefits

If you suffer a permanent injury resulting in at least 5% Whole Person Impairment, you may qualify for Quality of Life (QoL) benefits. You must apply between six months and four and a half years from your accident date.

The QoL claims process is complex, so we strongly recommend getting legal advice before applying.

Common pedestrian and cyclist accidents in Canberra

We regularly see people injured while crossing at pedestrian crossings or traffic lights, being struck by cars turning at intersections, being hit by reversing vehicles in car parks, being knocked off bikes by car doors opening into bike lanes, being sideswiped on shared roads, being hit at roundabouts, and collisions in bike lanes or on shared paths.

Even if you think you contributed to the accident, you may still be entitled to compensation.

Special issues for cyclists

Cyclists face particular challenges after motor vehicle accidents. Drivers and insurers often try to blame cyclists, but remember: cyclists have the same rights to use roads as motor vehicles.

We frequently help cyclists who were riding legally and safely but face resistance from insurers trying to minimise payouts. If you were hit by a vehicle that didn’t stop, or if you can’t identify the driver, you can still claim through the Nominal Defendant scheme.

Time limits

Apply for Defined Benefits within 13 weeks for the smoothest process (up to two years in some circumstances). For Quality of Life benefits, you must apply between six months and four and a half years from your accident.

Missing deadlines can affect your entitlements, so act quickly and seek advice as soon as you can.

Why legal help matters

Insurance companies have teams working to minimise payouts. As a pedestrian or cyclist, you’re particularly vulnerable to being blamed.

Being hit by a car while walking or cycling isn’t your fault just because you’re more vulnerable. You have the same rights to use roads and public spaces.

If you’ve been injured as a pedestrian or cyclist in a motor vehicle accident in Canberra or the ACT, contact MEJ for a free, confidential consultation.