Seeking advice on drunken pedestrian causing crash

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16 December 2019
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Hi, last Saturday night I was driving home on a road called the Watertfall Way on the mid north coast of NSW also known as B78, just outside the township of Bellingen. It was around 9.20 pm. I was doing 80 kms an hour in a 100 km zone when suddenly a young man dressed in dark clothing was walking with his back to me in the middle of the road in poor lighting, my high beam was turned off as there were cars coming form the opposite direction. Thasnkfully all the cvars had already passed when I noticed him about 5 feet away from my bonnet I swerved to miss him, which thankfully I did. My car lost control and I ended up slamming into some power poles. A young woman behind me also driving did not see him and swerved as well. The young man was drunk and high on some chemical drug. Ahe kept wanting to hug me and get in my car to drive it away. He had been arrested for DUI and was walking home in the middle of this road. Due to all of our mobiles being out of charge, none of us could call the police or the ambulance. After letting my back tyre out so I could drive the car across to the local petro station and leave it there, I called the Coffs Harbour police when i got home later that night, who put out a cvall to the Bellingen Police
The Bellingen police turned up at around midnight. They acknowledged that this young man had indeed been picked up by them for DUI and had his license removed. I asked them why they had released such a liability back onto the street? They told me they could not discuss anything else regarding that matter. They did not breathalyze me. However once it was established that I had no car insurance aside from third party insurance, and it was established that I am on a DSP, they did not file a report and the female constable said, and I quote: Well seeing as no one was injured and you do not have insurance we will not file an incident report". That was that, there was nothing else they could do? So now I am left without a car
and this young man is left with no consequences. I thought there were laws in place for a pedestrian obstructing a main road, especially when he has been in police custody and is released back out so drunk he cannot tell where he is? Is there anything I can do? I am so upset by this? I have sever bruising, mild concussion and whiplash, nausea, dizziness, I am in constant trauma recollecting the entirety of the accident. I have no car and now am isolated, as I live out of town, while all this young man is left with is a sketchy memory and a hangover...Merry Xmas to me. Can you advise?
 

Adam1user

Well-Known Member
5 January 2018
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I am not a lawyer and this is not my expertise, but talk to a traffic lawyer and see whether you can put a statement of claim against that man, depending on his financial situation, you may get some money back and don't forget it will cost you money to go through the legal process, so at the end of the day, you may have that avenue but from a financial point of view it may not be worth going ahead with it. Ask a traffic lawyer.