Pedestrian Contributory Negligence: Shared Responsibility on Roads
In this road safety episode of P.I. Case Note, we examine the Queensland Court of Appeal decision in Allianz v Eden [2024] QCA 49, which addresses contributory negligence by pedestrians under the Motor Accidents Insurance Act 1994 (Qld). The case provides important guidance on how responsibility is apportioned when both drivers and pedestrians contribute to accidents.
The Court of Appeal’s analysis demonstrates that pedestrians have obligations to ensure their own safety when crossing roads, even when drivers are also at fault. This decision clarifies how courts balance the respective duties of drivers to keep a proper lookout against pedestrians’ obligations to cross safely. The judgment provides valuable insights into contributory negligence assessments, showing that pedestrians who fail to check for traffic or cross at dangerous locations may have their compensation reduced, even when drivers breach road rules.
Listen below for our detailed breakdown of pedestrian contributory negligence principles. If you’ve been injured as a pedestrian in a road accident, understanding how your actions might affect compensation is crucial. Contact accident legal for a free consultation—we can assess the strength of your claim and help maximise recovery even when contributory negligence is alleged.