We’re here for you when ‘sorry mate’ isn’t good enough. If you believe you have been the victim of a motorcycle accident that was not your fault Millner and Knight can make it right.
The legislation regarding motor vehicle accident compensation varies throughout Australia. For this reason, we have created separate pages with specific legal information for each jurisdiction.
To speak to a specialist motorcycle accident lawyer for free impartial advice call 1800 106 107. We can quickly help you understand your rights and let you know you if you can make a no win no lose claim.
How our motorcycle accident lawyers can help
Being involved in a motorcycle 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. Motorcycle riders are often exposed to conditions that put them at greater risk of accident with less protection than other road users.
Our solicitors have assisted hundreds of Australians injured in motorcycle accidents that was not their fault. Our panel of specialist motorbike accident lawyers are trusted experts when it comes to handling motorcycle claims and dealing with insurers so they can handle your claim in a compassionate and efficient manner.
To begin an assessment, call 1800 106 107 or click here. There’s no obligation to proceed.
Who was at fault for the accident?
In some cases, you may have been involved in a motorbike 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 can make this determination using their decades’ worth of expertise and knowledge.
Call us today for a no-obligation conversation about your situation and to see if you have grounds for a claim.
If you were not at fault for the accident we can also help you get back on the road with one of our accident replacement vehicles.
Motorbike accidents caused by adverse road conditions
In some cases, adverse road conditions may create the scenario for a motorcycle 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.)
We are well versed in processing and launching motorcycle claims against local councils or Road Traffic Authorities in the event of adverse road conditions. To find out if you are eligible to make a no win-no charge claim, call our free motorcycle accident helpline or submit your details in one of our secure online forms.
Can I make a motorcycle accident claim?
Once you have contacted us, we will perform an assessment based on strict eligibility criteria. If we deem your claim to be valid for our conditional costs agreement, our legal professionals will launch the necessary legal proceedings, including contacting your respondent(s).
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 legal representative will keep you apprised of your motorcycle claims process as it progresses. If you require clarification on any points of the claim, you can contact your solicitor at any time.
We will also keep you apprised of any and all fees and charges well ahead of time, so there are no hidden surprises.
Motorcycle accident time frame and eligibility
Any person involved in a motorbike accident, whether they were the rider, pillion, pedestrian, or driver of another vehicle such as a car, bicycle or truck, etc.) will generally have 28 days to launch their motorcycle claim or (Accident Notification Claim), while Personal Injury and Fatal Motor Vehicle Accident claims have a statute of limitations within six months of the incident. With some motorcycle claims 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.
The compensation is meted out by the negligent party’s insurance or the relevant insurance commission. If you were involved in a hit and run or in an accident with an uninsured driver, the relevant insurer 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.
Facts about fatal motorcycle crashes
According to a study conducted in the U.S. by National Highway Traffic Safety Administration (NHTSA), in 2006, 13.10 cars out of 100,000 ended up being fatal crashes. However, the rate for motorcycles is 72.34 per 100,000.
Another study conducted by the Australian Government has shown that 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.)
Motorcycles also have a higher fatality rate per unit of distance travelled when compared with other road-going vehicles.
Despite the many national initiatives designed to decrease the instances of road accidents, these accidents, however unfortunate, still, occur.
If you or someone you love has been injured in a motorcycle accident we can help.
Serious Motorbike Accidents
Motorcycle injuries can be incredibly severe due to the lack of protection the vehicle offers to the rider. You may be unaware if your injury is serious. 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 compensation will not remove the physical pain of an accident, it may help immensely with financial support during recovery.
How much compensation am I entitled to?
Every motorbike accident is different and has nuances that will affect the disbursement of compensation to the injured party.
Motorcycle claims may involve recompense of material (monetary) losses. These losses may include immediate losses due to damage, written off vehicles and medical bills. You may be eligible to receive replacement gear, hospital treatment and other compensation. They may also consider future losses, such as loss of income from being unable to work or conduct business.
The level of 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 our specialists a call on 1800 106 107 to discuss your situation in detail.
Alternatively, use our free motorcycle accident compensation calculator to get a free online estimation without speaking to a lawyer.