With pedestrian and cyclist fatalities on the rise, and slip lanes making headlines for safety concerns, we outline the legal duty of care vehicle drivers owe to vulnerable road users and the devastating consequences when that duty is ignored.
Queensland drivers are frequently ignoring a legal requirement to give way to pedestrians and cyclists at slip lanes, leading to numerous near-misses and safety concerns. Slip lanes are left hand turn lanes separated by a traffic island, usually at intersections controlled by traffic lights. The rule is so poorly understood that official guidelines now recommend against creating new slip lanes in urban areas.
In Brisbane, the council has already modified seven slip lanes over the past 12 months and has said it will only consider the use of slip lanes in new projects on a case-by-case basis. The Brisbane Times reports that various other solutions have been proposed including wombat crossings (i.e. a speed hump with zebra crossing line markings), signalised crossings or the complete removal of slip lanes.
Reducing risk of injury should be a primary factor for implementing safety improvements. At a minimum, the government and traffic authorities should consider installing clear signage at slip lanes, enforcing existing road rules, and promoting public awareness campaigns that educate drivers on how to navigate these hazardous areas with more caution.
Slip lanes are just one example of a knowledge gap in the general population of the overriding legal duty on drivers to give way to all pedestrians, cyclists and scooter riders – not just at designated crossings or slip lanes, but wherever they encounter road users.
Drivers should be driving responsibly with due care and attention for others on the road.
Yet, the trend in pedestrian fatalities suggests there is a need for a more concerted focus on safety measures.
A driver’s duty of care
Drivers have a legal obligation to give way to all pedestrians, cyclists and scooter riders, a duty that extends far beyond designated crossings. This is particularly critical at slip lanes, where most drivers are unaware of the rules.
A slip lane is a left-turn lane separated by a traffic island. Here, drivers often focus on oncoming traffic from the right, failing to observe vulnerable road users in the slip lane itself.
The mass and speed difference between vehicles and pedestrians creates an obvious safety imbalance. Essentially, a vehicle can become a lethal weapon in moments of inattention, capable of causing catastrophic injuries to a vulnerable road user. Even low-speed impacts can cause life-changing injuries, placing a high duty on drivers to remain alert and compliant with road rules.
Section 73 of Queensland’s road rules requires drivers turning left using a slip lane to give way to any pedestrian, cyclist or scooter rider on or entering the slip lane. This applies regardless of whether there’s a marked crossing. Fines and demerit points apply for non-compliance.
Slip lane design prioritises vehicle flow over pedestrian safety, leading drivers to maintain speed while turning. Combined with landscaping, signage and blind spots that obscure pedestrians, these areas become accident hotspots. For vision-impaired pedestrians, unsignalised slip lanes present particular challenges.
The potential for serious injury makes giving way to vulnerable road users non-negotiable.
*The driver of the blue vehicle must give way to the pedestrian crossing the road
Catastrophic and tragic consequences
Injuries suffered by pedestrians and cyclists struck by vehicles are often catastrophic and include head and brain injuries, bone fractures, internal injuries, spinal damage, soft tissue injuries and worst case, fatalities. The severity of injuries will be affected by the speed of the vehicle, even low speed can result in serious injury, the type of impact, the use of a helmet or safety gear, road conditions, lighting, as well as driver awareness and reaction time.
The Queensland Department of Transport reported that in the ten years between 2011 and 2020 there were 1,348 fatal and serious injury crashes involving pedestrians at intersections. Of these, 179 involved pedestrians and left-turning vehicles.
These figures highlight the need to prevent collisions with vulnerable road users wherever possible. To reduce the risk of a crash, drivers should adjust speed, stay alert and aware, and plan carefully for safe merging.
The Department of Transport reported that in the five years between 2021 and 2025 (up to 6 July), there have been a total of 88 fatalities in Queensland that involved pedestrians, cyclists and personal mobility device users.
Between 2020 and 2024, there were 3,271 pedestrians and cyclists hospitalised due to crashes. And the number of hospitalised casualties involving personal mobility devices jumped from 175 in 2023 to 214 in 2024, indicating an alarmingly upward trend in vulnerable road user accidents.
The following are just a handful of several tragic Queensland cases that have recently occurred involving vulnerable road users.
Pedestrians:
- A 14-year-old boy died after being struck by a car in Wynnum, Brisbane, while crossing the road at a roundabout.
- A 29 year old pedestrian was left fighting for his life after a serious hit and run in Brisbane South.
- A pedestrian was struck by a vehicle north of Brisbane and suffered a significant head injury before being taken to the Royal Brisbane Hospital with a potentially life threating condition.
Cyclists:
- A 39 year old cyclist died after being hit by a car on Deception Bay Road, Brisbane.
E-Scooters:
- A man in his 40s was hit by a vehicle while riding through an intersection at Deception Bay. He was treated for life threatening back and chest injuries and taken to hospital in a critical condition.
- And in Townsville, a teen was killed in a multi-vehicle crash involving an e-scooter, motor vehicle and a motorbike.
Your rights after an accident
Pedestrians are far more likely to suffer serious injuries or death in a vehicle-versus-pedestrian accident. What hope does a pedestrian have against a 2-tonne metallic machine careering toward them at high speed? The safety imbalance between drivers and pedestrians is extraordinary.
When considering pedestrian compensation claims, the colloquial “golden rule” is “the pedestrian always wins!”
Many pedestrians feel they are partially at fault and don’t pursue a claim, but the reality is that most cases will have good prospects, except perhaps where the pedestrian has run out in front of a car without the driver having any chance of stopping or avoiding the collision.
However, the circumstances of each accident are usually different, and it pays to get advice from an experienced compensation lawyer as soon as possible. If the injuries are severe, even a pedestrian mostly at fault may still have a viable claim.
Pedestrians and cyclists who are injured due to a driver’s negligence can obtain compensation through the at-fault driver’s Compulsory Third Party (CTP Insurance). If the at-fault driver is unidentified or uninsured, a claim can instead be lodged with the Nominal Defendant.
Claims for compensation can include medical expenses, loss of income and rehabilitation costs.
Attwood Marshall Lawyers – helping people injured in motor vehicle accidents for over 75 years
If you have been involved in a motor vehicle accident, it is important to get trusted legal advice from an experienced compensation lawyer at the earliest opportunity. Strict timeframes apply in motor vehicle accident claims and although you may not realise the extent of your injuries early on, if you wait too long to make a claim, you may lose your right to entitlements altogether.
At Attwood Marshall Lawyers, we take on all motor vehicle accident claims on a No Win, No Fee basis. What this means is that you can discuss your matter with a compensation lawyer, find out where you stand, and get your claim underway with no upfront costs.
To discuss our compensation law services, please contact Department Manager Tyra Hall on direct line 07 5506 8261, email thall@attwoodmarshall.com.au and free call 1800 621 071.
Our experienced team are available for appointments at any of our conveniently located offices at Robina Town Centre, Coolangatta, Kingscliff, Brisbane, Sydney and Melbourne.
