More and more people are taking up cycling as a recreational activity, it's also a great form of exercise and a convenient and cost-effective way of commuting to and from work. But there are significant risks to riders, particularly road cyclists. Bikes are much less visible on our roads, and bikes have little to no protection against other road users in a car accident, there is a greater chance of a cyclist sustaining an injury in a road accident than any other mode of transport on our roads. In saying that, cyclists have every right to share the roads with other vehicles and they should be awarded the same respect on our roads as other road users. Bearing in mind that cyclists are entitled to compensation for injuries suffered as a result of road accident just as much as anyone else.
The team at Smith’s Lawyers are highly experienced injury lawyers and are best placed at helping Queenslanders through the legal process of bicycle accident compensation claims, ensuring you're able to claim compensation you need to assist you getting back on your feet.
Talk with an experienced car accident lawyer for more information.
Before you jump on your bike for a ride it's in your best interests to wear appropriate protective clothing, including wearing a correctly fitted Australian Design Rules (ADR) approved helmet for cycling. No matter how safe you are out on the roads, there’s always the risk of injury if you come off your bicycle due to a collision with other road users. Common injuries sustained in bicycle accidents include:
One of the most common injuries suffered by cyclists during a road accident is a head injury, which can be anything from a cut on the cheek to traumatic brain injury.
If flung off a bike in an accident, the head can be easily hit on the road or vehicle involved in the accident causing a concussion. Concussion of any sort should be taken very seriously and will require time and rest to recuperate.
A traumatic brain injury on the other hand, can change the way the brain functions, handles information and processes emotions. While you can recover from a brain injury to some degree, depending on the type and severity of the damage, treating it may be a lifelong process.
Any form of knock to the head and subsequent brain injury should never be ignored and seeking medical treatment and assessment should be the highest priority.
As most helmets for bicycle riding don’t have enclosed face shields, your face is susceptible to injury in cycling accidents. Lost or broken teeth, a fractured jaw, eye or vision damage or a broken nose maybe sustained as a result of the crash.
Sliding along a bitumen road will wear through your clothing in a matter of seconds. When your skin is exposed, the road surface will strip it off down to the flesh causing nerve damage that can cause ongoing pain. Treating this sort of injury may require skin grafts if the grazes are bad enough.
If you are hit with extreme force during a bicycle accident you may land on your back or roll quite a distance due to the impact. These hard-hitting stressors to your body can seriously damage your back. Severe trauma to neck and back may result in herniated discs or damage to the spinal cord, which can lead to paralysis.
Quite commonly, cyclists will suffer musculoskeletal trauma and soft-tissue injuries, after cycling accidents. A rider struck on the back wheel may experience whiplash, or when hit on the side, may experience a broken leg or torn ligament in the knee. A common reaction to being hit in an accident is for a rider to attempt to brace for the fall, this can result in a dislocation of the shoulder or broken hands and wrists from the impact on their outstretched limbs. Severe trauma can cause broken ribs, internal bleeding or worse.
No matter how minor you think your injuries are directly after your accident, you should seek medical attention. Ensure that with any medical attention you seek, you obtain records and keep these together and in a safe place. Also, be sure that the treating doctors are aware that the injuries were sustained as the result of a road traffic accident. This information maybe invaluable if you choose to pursue compensation.
At Smith’s we believe every Queenslander should be entitled to know and understand their legal rights and entitlements in order to make a bike accident claim. Our experienced personal injury lawyers are here for you and your family. They hold extensive experience in cycling accident claims, and in return you can expect the highest quality legal services and the best possible settlement of your cycling accident compensation claim.
We understand that when you’re injured your life can be turned upside down and you may not know where to start or what compensation is available to you.
Compensation is an important step in getting your life back on track after a serious accident. We will ensure that we offer expert legal guidance to ensure you understand your rights and obligations giving you the best chance of a successful motorcycle accident compensation claim.
Our lawyers will take the time and listen to your story, they will listen to how your injuries impact your life and your earning capacity and they will ensure that you in turn understand all your rights to seeking the justice you deserve.
At Smith's Lawyers, you are protected by Queensland's first risk-free compensation promise: No Win, No Fee, No Catch®. In the unlikely event that your bike accident case goes to court, and you are unsuccessful, we'll cover the costs - so you won't pay a cent to us or anyone else for bike accident claims.
Before you make a claim for compensation through any compensation lawyers, it’s a good idea to speak to a Smith's cycling accident lawyer, even if it’s just to get some free advice. If it’s time to talk – we’re here to help, our bike accident lawyers will guide you through the legal process.
After an accident on the roads involving you on your bicycle, the injuries you sustain can come as a shock and turn your life upside down in an instant. By having access to claiming compensation, you will be able to claim for the following expenses now and into the future:
You are able to claim for medical expenses directly related to your injuries, including pharmaceutical expenses and rehabilitation aids and appointments after your bicycle accident. Any medical treatment you receive will need to be documented and you will need to ensure that you keep all records of your treatments and payments. These will be used to form a basis of your claim.
After an accident involving a motor vehicle and your bike you may find that you need time off work to recovery from your injuries. It is not always possible to have this sort of time off covered by leave. You may also require a substantial period of time in order for you to recover from your injuries. If your injuries prevent you from working you are entitled to claim for any income you have lost and the potential income you may not be able to earn due to long standing injuries.
In some cases, after your bike accident, you may not be able to return to your regular work due to your injuries or you may not be return to any sort of work. In these instances, you may have a bike accident compensation claim for future economic loss. If your injuries have resulted in a permanent disability – you may lose even more of your ability to earn money in the future – through no fault of your own.
If you are suffering with pain after your accident and you will likely endure pain and suffering in the future as a result of your injuries, you may be compensated for this within your accident compensation claim.
If your injuries are substantial, you may require assistance to do everyday tasks that were not an issue for you prior to your accident. The help and assistance you receive during this time of recovery will need to be documented in order to include in your cycling accident claim – even if you don’t pay for the help. You are still able to claim domestic assistance through personal injury claims.
The process for lodging a bicycle compensation claim has many steps and certain formalities that need to be followed to ensure you receive a successful bike accident settlement. The following steps outline best practices you should follow when pursuing cycling accident claims. A few of these steps should be followed before you engage compensation lawyers for advice about a bike accident claim.
As soon as you can, you should have yourself checked over by a healthcare provider. They will be able to treat you immediately for any injuries that have developed due to your crash. Some injuries don’t present themselves straight away so it is important to let your doctor know how you sustained your injuries.
Seeking medical attention will help determine if any future medical treatment or ongoing care is required, which can also form part of your compensation claim. Evidence of medical records and receipts must be kept as they will be required for future claims.
The law requires you to report road traffic accidents to the police if anyone is injured or dies as a result of the accident. If you fail to report the accident to the police within 28 days, you will be required to explain this delay when making any future claims. You should ensure that once you have reported the accident, you receive a reference number as this will also be required for to support your claim for compensation.
Under the Compulsory Third Party (CTP) insurance scheme, all motor vehicle owners in QLD are required to have CTP insurance. Therefore, you should obtain the details of the other vehicle’s CTP insurer. If you can’t obtain the name of the other person involved in the car accident but you have their registration number, you can find the owner’s details by searching the Department of Transport and Main Road’s Queensland Motor Vehicle register.
In some circumstances, such as during a hit and run, you may not be able to get the details of the other vehicle. Therefore, you should ask the police or any witnesses for details. It’s still possible to make a claim without these details, there are additional steps that will need to be completed though.
When you speak with one of our experienced bike accident lawyers, they will work with you to establish the true cost of your injuries. We will need to know your employment history and tax records and all your medical history related to your accident; including treating doctors, hospital admissions and treatments and other medical or allied health consultations.
As a part of a bicycle accident claim, you will be required to be examined by an independent medical specialist to review your injuries and they will write a report with expert evidence about the permanent effects of your injuries after bike accidents.
Our team of expert bicycle accident lawyers will explain in full the details for lodging your personal injury claim and will be able to give you a settlement estimate based on everything you tell us and how your injuries are impacting you and your way of life. We will need to lodge your personal injury claim within six months from when the bicycle accident occurred. It’s important to not miss these key dates, as applying for exemptions can be quite difficult as they are only granted under certain circumstances.
It is important to note, be patient as your claim is being processed. All bicycle accident compensation claims are different, and each bicycle accident injury claim can take time to reach a settlement, so do not expect to receive your compensation amount immediately.
The team at Smith’s Lawyers are highly experienced personal injury law lawyers and are best placed at helping Queenslanders through the cycling injury claims legal process for lodging a motorcycle accident claim, ensuring you receive the bike accident compensation payout you need to get back on your feet. If it is time to talk – we’re here to help.
If you suffer injuries whilst at work, and you are looking for further information in terms of making a claim. Here at Smith's Lawyers, we offer a free consultation for injured people looking to seek compensation. As mentioned before, we also have a "No Win. No Fee. No Catch." policy, which means you will never be out of pocket.
Get in touch with us today to give yourself the best opportunity to understand your rights.
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