Truck drivers want a review of Victorian laws around compensation for trauma. 

In Victoria, Drivers are able to access limited compensation under the Transport Accident Commission no fault scheme for trauma after witnessing a pedestrian death, but are often prevented from seeking damages for pain and suffering.

This is because of a loophole when there is no insurer to claim against on the behalf of the pedestrian.

There is now a push to change the legislation to allow the commission to act as a nominal defendant for damage and pay the claim.

The commission already acts as a nominal defendant for damages in other incidents, such as when an unregistered motorist deliberately drives into a truck and there is no insurer to claim against. 

A proposal for heavy vehicle driver legislation changes will soon be presented to the relevant state government minister.

The proposal calls on the commission to step in as the nominal defendant if heavy vehicle drivers are found blameless in an incident when a pedestrian deliberately moves into their path.

More details are accessible here.