Injured Cyclists Can Claim Compensation
Our roads are shared by many different types of vehicles, including cars, trucks and bicycles.
It is a necessary for drivers and cyclists to be cautious and observant of other vehicles and road-users to ensure that everyone using our roads can travel safely.
However, accidents do happen. The Motor Accidents Compensation Act defines a motor accident as an "incident or accident involving the use or operation of a motor vehicle" and which causes the death or injury of a person as a result of the driving of the vehicle, a collision with the vehicle (or steps taken to avoid a collision), the vehicle running out of control, or a dangerous situation caused by one of these circumstances.
If, for example, a cyclist is struck by a motor vehicle and is injured during that collision, the cyclist may be entitled to compensation under the Act, including compensation for pain and suffering, treatment expenses, loss of income, and attendant care services. In some circumstances, even if the driver of the vehicle is not considered at fault, an injured cyclist may still be entitled to compensation as it may be considered to be a "blameless accident".
It is important to note that if a cyclist is injured from a collision with a vehicle and they have not taken appropriate steps to protect themselves, such as through ensuring their bicycle is in good working order, wearing a helmet, or if they were riding dangerously, the cyclist may be considered to have "contributed" to the accident and an award of compensation may be reduced.
If you are injured in an accident involving a motor vehicle, you should ensure that you record the details of the vehicle including the registration number, make, model, and colour; and the driver's details including their name and contact details.
You should also try to obtain the contact details of any witnesses to the accident. The accident must be reported to Police within 28 days, and if you wish to make a claim for compensation, the claim form must be lodged with the relevant CTP (Green Slip) insurer within six months of the date of the accident.
If it is necessary to commence Court proceedings in relation to the accident, this must occur within three years of the date of the accident.
RMB Lawyers can provide more detailed advice tailored to your specific circumstances.
If you, your family or friends wish to enquire about a similar circumstance, please email us on our "Ask Us a Question" feature or call (02) 4228 8288 to speak to one of our specialist compensation lawyers.