$XY compensation for Townsville gopher crash victim
Lawyers win $XY for a 92-year-old man who broke his leg in a mobility scooter accident
Injuries: Broken leg, bruises
The plaintiff was riding his gopher on a footpath when a man stepped out of his business in a hurry, forcing the retired war veteran to swerve and collide with a pole. He fell out of his gopher, broke his leg and suffered heavy bruising as a result of the accident.
Follow-up treatment
The plaintiff had to have surgery and a plate inserted into his left leg. He spent six weeks in the hospital before being discharged into the care of family members, but it still being picked up and driven to weekly medical check-up sessions on a continuing basis. He has also visited a physiotherapist and received hydrotherapy.
Lifestyle impact
Due to his age, the consequences of the accident are likely to be severe as the man was already only able to walk with some difficulty before the incident. Prior to the accident, the man had resisted efforts by family relatives to move him to an aged care facility. But now he has little choice as he is mostly bedridden and has to be assisted moving to the lounge and helped into a chair for the simple task of watching television. He is no longer able to ride his gopher to the shops or for the daily visits he used to indulge for a cup of coffee and to read the newspaper in the High Street.
Final Compensation Settlement
The court ruled that the plaintiff was entitled to $XY compensation for pain and suffering and lifestyle impacts that appeared to be irreversible in consequence of his age. The street where the accident occurred was commonly used by elderly people riding gophers as well as younger children from a nearby school, shoppers and commuters. As a result, the man who stepped into the road was found culpable for not being more aware of his surroundings or alert to the slow-moving gopher moving in his direction. He was found to have caused the accident and was liable for $XY to be paid to the plaintiff.
How a claim like this works
This scenario is a road accident claim. The scheme, thresholds and time limits depend on the state where it happened: pick yours for the current rules — NSW, VIC, QLD, WA, SA, TAS, ACT, NT— or read the national guide.
If this sounds like your situation
The details differ in every case, and the outcome turns on evidence gathered early: medical records from the first visit, photographs, witness details and incident reports. Our panel lawyers assess situations like this every week, free and without obligation — call 1800 106 107 or run the two-minute check. If a time limit is close, say so when you call and it will be handled first.