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Bicycle accident compensation – claiming for wrongful injury or negligence. If you believe you have been the victim of a cycling accident that was not your fault and caused by negligence on the part of another road user, you may be entitled to compensation.
Each State has their own legislation, what applies to cyclists in NSW, ACT and SA may not apply to you in other States.
If your road accident took place in any of the following States, please follow the appropriate link so we can show you the most relevant content.
Claiming: who was at fault for the accident?
Being involved in a bicycle accident can be a traumatic process that takes many months – or years – to recover from. It can feel especially harrowing if the accident happened with no fault of your own.
Bicycle riders are often exposed to conditions that put them at greater risk of accident with less protection than other road users. In some cases, you may have been involved in a bicycle accident and it is unclear who or what was at fault. Even after the accident, events may have transpired so quickly it’s difficult to determine just what happened in clear, unambiguous terms.
If you are unsure who is at fault for causing the accidents, our team of personal injury claim solicitors can make this determination using their decades’ worth of experience handling all types of road accident compensation claims.
Call 1800 106 107 for a no-obligation conversation about your situation and to see if you have grounds for a claim.
We have a head office in NSW, VIC, QLD, WA, SA, NT and local offices throughout each state.
Claiming for psychological trauma
With one in five bicycle crashes occurring inside marked on-road bicycle lanes, it can be a scary thought to get back on the road once you’ve been involved in a crash. You may be able to claim compensation for the psychological trauma that’s been caused.
Only a licenced legal practitioner who specialises in personal injury can make this determination. To find out if you are likely to have grounds for a claim, call one of our injury specialists on 1800 106 107.
Assessment and lodgement
Once you have contacted us, we will perform an assessment based on strict eligibility criteria. If we deem your claim to be valid for a ‘no win, no pay’ case, our legal professionals will launch the necessary legal proceedings, including contacting your respondent(s). We will also inform you if you do not qualify for ‘no win, no fuss’, and advise you of your options.
If you are making a claim on behalf of someone else, this also applies. We will advise what you need to do, and assist you in this difficult time.
Your lawyer will keep you apprised of the progress of your claim as it progresses. If you require clarification on any points of the claim, you can contact your solicitor at any time.
Your solicitor is an expert in dealing with road traffic accident claims and with your State or Territory’s Compulsory Third Party insurer (TAC, ICWA, etc.)
We will also keep you apprised of any and all fees and charges well ahead of time, so there are no hidden surprises.
Cycling accident compensation timeframe and eligibility
Any person or persons involved in a road traffic accident, whether they were driving, a passenger, a pedestrian, operator of a non-standard vehicle (bicycle, truck, etc.) will generally have 28 days to launch an Accident Notification Claim. While Personal Injury and Fatal accident claims have a statute of limitations within six months of the incident. In some cases, the court may grant an extension due to extenuating circumstances, such as grievous injuries or incapacitation.
The latter is for people whose injuries and recovery costs total or exceed $5,000, and is the result of another party’s negligence.
Cycling accident compensation is meted out by the negligent party’s insurance or the relevant CTP insurance commission. If you were involved in a hit and run or in an accident with an uninsured driver, the relevant CTP insurance commission will provide compensation provided your claim is successful.
The team at Millner and Knight work hard to process your claim and achieve a successful outcome.
We can also help you with a replacement vehicle to be going along with until your bicycle gets fixed
Claiming for accidents caused by adverse road conditions
In some cases, adverse road conditions may create the scenario for a bicycle accident that is beyond your reasonable control. These may be infrastructure failure (dim or non-functioning street lights), cracks or slippage in the road, uncleaned spills, etc.
In this case, you may have grounds for a claim against your local shire or council, or against your State or Territory Road Traffic Authority (VicRoads, Queensland Department of Transport and Main Roads, etc.)
You may also be a victim of faulty equipment such as defective chains, or cracked helmets. These and other faults may contribute to grounds for a claim.
Our solicitors are well versed in processing and launching claims against local councils in the event of adverse road conditions.
To find out if you are eligible to make a cycling accident compensation claim, call 1800 106 107
Serious Bicycle Accidents
Bicycle injuries can be incredibly severe due to the lack of protection a bicycle offers to the rider.
Some serious injuries such as head and brain injuries can have delayed symptoms.
If you’re unsure whether you suffered a serious injury the list below will help you identify what is classed as serious:
- You’ve had repeated, lengthy or ongoing medical treatment or surgery
- You will need some medical treatment for your injuries for the rest of your life
- You had to take long periods of time off work, are not able to return to work or you’re unable to go back to work in the same capacity because of your injury
- You need care and support just to complete your daily tasks
Although obtaining cycling accident compensation will not remove the physical pain of an accident, it may help immensely with financial support during recovery.
Facts about road trauma and fatal bicycle crashes
According to the Australian Government Department of Infrastructure and Regional Development, the number of road fatalities per 100,000 people was 5.37 in 2016. The annual amount of injuries requiring hospitalisation was 152.6 per 100,000 people. The hospitalised injury rate was 27 times the population-based rate for fatalities. This has increased to nearly double since 2002 (16 times the fatality rate.)
Despite many Federal and State government initiatives designed to decrease the instances of road traffic accidents, these accidents, however unfortunate, can occur. According to OnePath Life Research “optimistic Australians” survey (December 2008), 89% of respondents didn’t think they’d ever experience a life-changing accident that would prevent them working in the next 20 years.
Despite the optimistic outlook, an accident can occur when you least expect it. Trust Millner and Knight to handle your bicycle accident claim.
How much compensation am I entitled to?
Claims may involve recompense of material (monetary) losses.
These losses may include immediate losses due to damage to your bicycle and medical bills.
They may also consider future losses, such as loss of income from being unable to work or conduct business.
Every bicycle accident is different and has nuances that will affect the disbursement of compensation to the injured party. The level of cycling accident compensation awarded will vary on a case by case basis. Even so, compensation is determined by three major factors:
- The severity of their injuries
- Financial losses they have incurred, and are liable to incur due to incapacitation
- Their level of culpability in causing the accident
One or a combination of these facets of a road traffic accident can influence your level of compensation.
To find out more about how much you may be entitled to claim, give Millner and Knight a call on 1800 106 107.
You can also try our revolutionary compensation calculator to make your own determination.
How to start your claim
We assist hundreds of Australians injured in a bicycle accident if it was not their fault. Our panel of specialist road traffic accident solicitors are well versed in cycling accident compensation claims and dealing with CTP insurers so they can handle your claim in a compassionate and efficient manner.
To begin an assessment, call 1800 106 107 or conduct your own compensation appraisal online. Either way, there’s never any obligation to start your claim with us.
We provide legal advice and help you understand your rights and responsibilities as part of the claim process. Our advice is free, unbiased, and there’s no obligation to proceed.