Life changed forever for Yacoub Alfakay when he crossed at pedestrian lights in central Dandenong three years ago.
Mr Alfakay, of Dandenong, was struck down by a car on Lonsdale Street in the late afternoon of 14 July 2019.
He was concussed, and his leg and shoulder were broken.
As a result, the 29-year-old self-described soccer-holic’s playing days are over. He suffers ongoing agony in his knees as he walks down stairs.
Despite surgery, his dislocated shoulder can’t bear heavy loads, be slept on or stretch overhead without pain.
And the accident repeats in his mind.
Three years on, he is fighting a “frustrating” and “stressful” battle for compo from the Transport Accident Corporation – who claim that he disobeyed the traffic signals.
The TAC provides common-law compensation for people seriously injured in transport accidents through no fault of their own.
Mr Alfakay is adamant he was in no rush that day, and crossed as the pedestrian lights’ “man turned green”.
He recalls the driver stopping to check on him and allegedly admitting he was to blame.
He says the TAC has produced no CCTV evidence to refute his claim.
The driver has since denied that he’s run a red light. But Mr Alfakay’s counsel at Shine Lawyers claim that the driver was negligent.
Shine Lawyers’ Sunshine legal practice manager Catie Norman says the accident could have been avoided if “the defendant had obeyed the traffic signals, slowed down, and given way to Yacoub”.
“Yacoub escaped civil war in Somalia and came to Australia seeking safety, only to be run over by a driver we allege was negligent.
“Before the accident, Yacoub wanted to work as a warehouse supervisor in the Dandenong region and contribute to society.”
Ms Norman says the Transport Accident Commission response is “making matters worse”.
“The TAC is prolonging Yacoub’s suffering by denying him the compensation he deserves.
“I would urge the TAC to reconsider its position, come back to the negotiating table, and treat Yacoub with dignity and respect.”
The legal battle is the latest of a saga of misfortune for Mr Alfakay, who arrived in Australia only a few months before the collision.
He had fled civil war in Somalia, where his father was killed in a mortar attack.
Then spent five years detained as an asylum-seeker on Nauru where he worked as a security officer and supermarket storekeeper.
Since arriving in Australia four years ago, he remains on a bridging visa that bans him from working and studying. All because he ‘arrived by boat’.
“I’m waiting for a long time for the TAC. It’s frustrating and stressful because it’s not my fault.
“I’m in the right.”
Though denying compo, the TAC has paid for some of Mr Alfakay’s medical expenses such as shoulder surgery.
A TAC spokesperson said the TAC “cannot provide details on individual claims for privacy reasons, or if a matter is currently the subject of legal proceedings”.
