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Slater and Gordon client Juanita Carroll was injured as a pedestrian

In April 2019, Juanita Carroll was on her way home from work in Seaford. She was trying to cross the road at traffic lights on Dandenong Road when she was struck by a car that failed to give way to her.

I had the green pedestrian signal and was crossing the road, when the next minute a car was coming straight at me and failed to give way. It was a learner driver and her mother in the car. The car hit me causing me to drop to the ground.

After the collision, Juanita had to undergo major surgery and had a metal plate, eight screws and metal rod inserted through her ankle to hold it together. Her wrists were injured when she landed on the ground. She still has bruising and experiences pain every day. The collision aggravated a previous lower back condition and possible nerve damage is being investigated.

Juanita's bandaged leg after being struck by a car as a pedestrian
Juanita's bandaged leg in hospital after her accident

Juanita is now on the road to recovery but is still anxious and careful going anywhere near the road.

I have ended up with PTSD…The accident was preventable and new drivers need to be careful on the roads.

As a young driver, it’s exciting getting your licence but new drivers need to understand the risk involved and why it’s important to be extra careful and safe on the roads. They might think they’re the ones in the car so they’ll be safe on the road but, whether it’s another car, a person or even a pole or a tree, if you’re not looking, you may cause a serious accident and injure yourself or someone else.
Juanita's leg now
Juanita's leg now still has a big scar

According to TAC data, 501 pedestrians made claims after being hospitalised following road accidents in Victoria between June 2019 and June 2020. There were 561 the previous year and 513 between June 2017 and June 2018. More than 200 pedestrians died on Victorian roads between 2015 and 2020.

Slater and Gordon Associate Deniz Mirik is helping Juanita access cover for her medical costs and loss of wages through the Victorian TAC scheme, and investigating a potential common law claim to compensate Juanita for her pain and suffering, loss of enjoyment of life, and past and future loss of earnings. Deniz says pedestrians need to be aware of their surroundings and all road users need to look out for one another to avoid these type of accidents, which can have devastating and lasting effects on everyone involved.

A lot of the accidents I see in my job as a motor vehicle accident lawyer could have been avoided if people maintained concentration and remained focused on the road and if pedestrians remained mindful of their surroundings. – Associate Deniz Mirik

The contents of this blog post are considered accurate as at the date of publication. However the applicable laws may be subject to change, thereby affecting the accuracy of the article. The information contained in this blog post is of a general nature only and is not specific to anyone’s personal circumstances. Please seek legal advice before acting on any of the information contained in this post.

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