Bicycle Accident Compensation
Cycling on Brisbane roads is becoming an increasingly popular mode of transport, with more and more people peddling places every year; whether they are getting to work, riding for exercise or just cycling as a leisure activity. With the increase of the population using bikes on the roads, there has also been a rise in traffic accidents involving bicycles over recent years.
Due to the nature of this mode of transport, cyclists have a greater likelihood of sustaining more serious injuries which can significantly affect their work, their enjoyment of life and obviously cost a great deal in medical and rehabilitation expenses.
If you have been out riding and have been swiped by a car, hit by oncoming traffic, had a door opened on you or been rear ended by a car; then you may be eligible to make a bicycle accident compensation claim against the at-fault car’s CTP insurer. Just like other vehicles, you have the right to ride your bicycle and to ride without incident.
Our Claims Process
So, if you need a dedicated bicycle accident lawyer to represent your claim for compensation, look no further than Revolution Law. We are expert lawyers representing hundreds of injured people throughout Brisbane, Logan, and the Gold Coast. It is always important that you seek legal advice as soon as possible, as limitation periods do apply to lodging claims for compensation for all bicycle accident matters.
How Our Clients Receive More:
- Plaintiff Driven - we're on your side
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- Regular contact and updates
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- Big firm experience and expertise
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- No-win, no-fee
How Do I Know if the At-fault Vehicle has Insurance?
If you have been injured and wish to make a bicycle accident claim for personal injury, then you can do so against the Compulsory Third Party (CTP) insurer of the at-fault vehicle. It is compulsory for all Queensland drivers to have CTP insurance and it is built into the registration of their vehicle. If the at-fault car has registration, then your injury is covered by their CTP insurance.
If the at-fault car does not have registration, then do not worry, as you can still make a personal injury claim, but it will be made against the Nominal Defendant who steps in to fulfil the role of the insurer in these circumstances.
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What If I Have an Accident on My Bike Due to a Poorly Maintained Road?
In this case, you will be unable to make a CTP claim because there is no at-fault vehicle. However, you may be able to make a Public Liability Claim. Public Liability Claims can be difficult because the road authority is not responsible for injuries that occur due to unmaintained roads, unless of course they have been previously put on notice about the issue with the road and have not been provided maintenance in a timely manner.
At Revolution Law, we can work with you to decide on the best avenue for your bicycle accident compensation claim at your initial, no-obligation consultation.
What Other Types of Claims May I Be Able to Make as Well as a CTP Claim?
If you have been injured riding to work or if you use a bicycle for work (such as bicycle couriers), then you may be eligible to make a WorkCover Statutory Claim. If your injuries are so serious that they affect your ability to continue working, then you may be eligible to make a TPD claim. There are also other options that may be available to you such as income protection claims or early access to your super fund claim.
What Can I Do to Help Ensure a Favourable Outcome?
While we can’t always promise a positive outcome, there are things that can be done on your end that may help the process. Ensure you have records of the bicycle accident (including any photos that were taken), accounts of parties that were both involved and witnesses who saw the accident as well as possible police reports. If you have sought medical treatment due to the accident, having your records on hand is also imperative. Our expert bicycle accident compensation lawyers will collect this information regardless but having them from the start will help speed up the process.
How Much Compensation for My Injury Will I Receive?
Every bicycle accident compensation claim is different and is assessed individually. It is difficult to estimate a compensation figure until all the evidence has been gathered and the extent of the injury has been established. Therefore, estimates are not really possible until well into the claim.
There are five main heads of damages which are considered in a compensation claim:
- Loss or reduction of income as a result of inability or reduced ability to work.
- Pain and suffering.
- Treatment and rehabilitation.
- The need for someone to provide care in the home or in the community; and
- Out of pocket expenses both for now and in the future.
Each of these heads of damages bear a different weight of worth in regard to compensation for your compensation claim. For example, loss or reduction of current and future income is weighted more than pain and suffering. A successful bicycle accident lawyer will know how to condense your evidence and advocate expertly on your behalf to obtain the maximum amount of compensation for each head of damage.