If you are injured while cycling as the result of negligence by a car or motor vehicle driver, you may be entitled to make a cycling injury compensation claim.
Cyclists may suffer all variety of injuries as a result of road accidents:
Road accidents involving cyclists are often caused by motorists failing to see a cyclist. For example:
Here are some practical things you should do if you have cycling accident:
Depending on the nature of your injuries and the circumstances of the collision, compensation may or may not be available. You should always seek expert legal help to see if you are able to make a claim. See also:
It is always up to an injured cyclist to prove negligence on the part of the motorist. When determining who was at fault for an accident between a cyclist and a motorist the court considers:
The court recognises that cyclists are vulnerable on the roads and have less ability to avoid collisions than motorists. They also recognise that fault is rarely black and white, and more often than not 100% liability is not found against one party. Rather the court will usually apportion a percentage of liability to each party.
Non compliance with Queensland road rules by a cyclist or motorist is a relevant factor when considering the appropriate apportionment of liability, if it caused or contributed to the accident. Cyclists must observe basic road rules and must have mandatory safety equipment for protection and visibility. If a cyclist is intoxicated or fails to wear a helmet, a court will generally reduce their damages by about 25% for contributory negligence.
In Queensland, motorists are required to leave a minimum of 1 meter between their vehicle and a cyclist when passing at 60km/h or less or 1.5 where the speed limit is over 60km/h.
Examples: Fiona is travelling along the road adjacent to the kerb. A motorist is travelling in the right lane at slow speed looking for a park. The motorist sees a park and moves into Fiona’s lane without indicating, causing fiona to collide with the rear of the motorist’s vehicle. The court apportions liability 80/20 in favour of Fiona. A motorist is about to overtake Jeff who is cycling in the same direction on the road. At the last minute Jeff moves to the right without warning and the motorist strikes the back wheel of Jeff’s bicycle. The motorist attempts to take evasive action but is unsuccessful. The motorist is likely in breach of his duty of care by driving at an excessive speed, and travelling too close to Jeff. However Jeff is also at fault for moving to the right without warning. The court apportions 50% liability to Jeff and 50% to the motorist.
Rick sustains serious injuries when he cycles through a red light and T-bones a motorist travelling across his path. Rick has no claim for compensation for his injuries because the accident was a result of him not complying with road rules and there was no negligence on the part of the motorist. A motorist proceeds into an intersection on a green light at approximately 60km/h, and collides with John, a cyclist who is wearing dark clothing and a black hat and whose bicycle is unlit. John has no claim for damages as his breach of road rules caused or contributed to the accident and the motorist was not negligent.
See Also: What does CTP Insurance Cover?
It’s important to get advice for your specific situation. Check if you can make a risk-free compensation claim and get free initial advice from our Principal lawyer, Greg Smith.
Find out the step by step process to lodge a CTP claim following a motor vehicle accident in Queensland. Read full guide now.
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