If you have been injured in a motorbike accident you may be eligible for to make a motorbike compensation claim.
Given that motorcycles make up around 1 in every 20 vehicles registered in Queensland, that's approximately 217,000 registered motorcycles on Queensland roads. The two wheeled vehicle is now an attractive transportation choice for many Queenslanders.
Motorbikes are generally an economical way to get around especially commuting to and from work. Motorbikes have grown in popularity, especially as a leisure activity. More riders are hitting the roads for weekend rides to relax and feel the wind in their hair and beards.
If you are suffering injuries sustained in a motorcycle accident, you may be eligible to pursue motorcycle injury compensation claims. The motorcycle accident compensation payouts you may receive are dependant on the severity of the motorcycle accident, as well as the specifics of how the accident occurred and who was at fault.
The team at Smith’s Lawyers are highly experienced personal injury lawyers and are best placed at helping Queenslanders through the legal process, ensuring you receive the motorbike accident compensation you need to get back on your feet.
Talk with an experienced car accident lawyer for more information.
Fill in the form below to find out if you have a claim.
Common Motorbike Accident Injury Types
Motorcycles don't have a protective shell around the rider like other motor vehicles have, meaning riders are much more susceptible to injury during crashes. It’s in your best interests to wear protective clothing when you are riding your motorbike, at the very least you must legally wear a correctly fitted Australian Design Rules (ADR) approved helmet. No matter how much protective clothing you wear, there’s always the risk of injury if you come off your motorbike at speed – you can only minimise the risk, not eliminate it. Common motorcycle accident injuries include:
Sliding along a bitumen road will wear through clothes in a matter of seconds. When it reaches the skin, it may strip off the skin down to the flesh causing nerve damage that can cause ongoing pain for years. Wearing proper protective motorbike clothing can lessen the risk of this happening. Treating this sort of injury will require skin grafts if the grazes are significant enough, and they may be disfiguring.
Even though you wear a helmet when riding your bike, the helmet can only cushion impact to a degree. During a motorcycle accident, you can easily hit your head on the road or another vehicle involved in the accident causing a concussion. You may experience problems with your memories, or feeling like your brain is just not working as quickly as it usually does after your accident. Concussion is a very serious personal injury and will require time and rest to recuperate.
Other, more traumatic brain injuries on the other hand, can change the way your 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, treatment may be a lifelong process.
Any form of knock to the head should never be ignored and seeking medical treatment and assessment after a motorcycle accident will put you in the best position for your recovery.
Anytime our bodies undergo a situation of extreme stress or trauma – such as in a motorbike accident - there is the potential to develop PTSD. Symptoms can include being scared of riding a motorbike again, aversion to certain sounds or images, or even sleeping problems due to anxiety or nightmares. Professional psychological treatment is the best option, and should be sought once initial symptoms are noticed.
The force and impact of hitting the road or another vehicle hitting you on a whilst riding your motorbike can cause significant trauma to the spine. A motorcyclist may also be pinned or crushed between two objects or vehicles, which can also cause severe damage to the spine and spinal cord. When the spinal cord is injured from the impact of the motorcycle accident, it can result in paralysis (paraplegia or quadriplegia). This type of catastrophic injury usually causes permanent disability for the victim.
Being thrown from a bike and hitting the road, barricades or even trees can easily cause a fracture or break to the bones. Most commonly, broken ribs occur along with broken bones in feet, legs and arms (including wrists and collarbones). Broken bones can take a long time to heal and may reduce function of the affected areas in the long term.
Parts of a motorbike can cause significant internal injuries to the rider, the handlebars can crush the stomach in a crash, this type of impact can cause internal bleeding and organ injuries. Internal bleeding is very common following a motorcycle accident. Internal injuries and internal bleeding can turn fatal if not treated promptly.
What You Can Claim on For Motorbike Accidents in Queensland
Knowing your legal rights after a motorbike accident can be the difference between successful motorbike compensation claims and one that is not successful. Seeking to claim compensation will assist you back onto your feet so it’s important you don’t miss your chances at assistance. Our team of personal injury lawyers will be able to give you sound advice surrounding your potential case and the best way to proceed and successfully complete a motorcycle accident compensation claim.
It’s in your best interests to lodge your claim as soon as possible as many states have strict time limits which can prevent you from making a claim. Within 12 months is usually the preferred time as lodging a claim after this date can potentially affect the outcome, and ultimately your compensation entitlement.
The following list outlines the people who could have a personal injury compensation claim after a motorbike accident:
- A rider, driver, or passenger of a motorbike or car
- Parents or legal guardians of children injured in a motorbike accident
- A cyclist injured by a motorbike
- A road user injured when trying to avoid an imminent or ongoing accident
- Single vehicle accidents not involving other road users
- A worker injured on a work motorcycle
Through your motorcycle accident compensation claim you will be able to pursue the following expenses:
Medical expenses, future medical costs and out of pocket expenses
You are able to claim for medical bills and expenses directly related to your injuries, including pharmaceutical expenses and rehabilitation aids and appointments after a motorbike accident. You will need to be treated by a professional healthcare provider and will need to ensure that you keep all records of your treatments and payments in order to claim compensation.
Past and future income losses
After your motorbike accident 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, similarly to a motor vehicle accident. 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 motorbike 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 motorbike 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.
Ongoing pain and suffering
If you are suffering with pain after your motorbike accident or will likely endure pain and suffering in the future as a result of your injuries, whether it's physical or psychological, you may be able to claim compensation for this through your claim with Smith's.
Housekeeping, caregiving and attendant care costs
If your injuries are substantial, you may require assistance to do everyday tasks that were not an issue for you prior to your motorbike accident. The help and assistance you receive during this time of recovery will need to be documented in order to include in your motor vehicle accident claim – even if you don’t pay for the help. You are still able to claim domestic assistance through personal injury claims.
How our Motorbike Accident Lawyers Can Help You Bring a Claim
At Smith’s we believe every Queenslander should be entitled to know and understand their legal rights and entitlements in order to make a motorbike accident claim. Our experienced personal injury lawyers are here for you and your family. 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 personal injury 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 motorbike 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 motorbike accident claims.
Before you make a claim for compensation through any compensation lawyers, it’s a good idea to speak to a Smith's motorcycle accident lawyer, even if it’s just to get some free advice. If it’s time to talk – we’re here to help, our motorbike accident lawyers will guide you through the legal process.
The Motorbike Accident Claims Process
The process for lodging a motorbike accident compensation claim has many steps and certain formalities that need to be followed to ensure you receive a successful motorcycle accident settlement. The following steps outline best practices you should follow when pursuing motorcycle accident claims. A few of these steps should be followed before you engage compensation lawyers for advice about a motorbike accident claim.
1. Seek Medical Treatment & Report the Accident
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 your motorbike accident 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.
2. Driver Details and Eye Witnesses
Under the Compulsory Third Party (CTP) insurance scheme, all vehicle owners, including motorbikes, 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 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.
3. Gathering Relevant Claim Information
When you speak with one of our experienced motorbike accident lawyers, they will work with you to establish the true cost of your injuries. We will need to know your employment history and income tax records and all your medical history related to your motorbike accident injuries; including treating doctors, hospital admissions and treatments and other medical or allied health consultations.
As a part of a motorcycle 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 motorcycle accidents.
4. Lodge your personal injury claim
Our team of expert motorcycle 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. We will need to lodge your personal injury claim within six months from when the motor vehicle 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 motorcycle accident claim is being processed. All motorcycle accident compensation claims are different, and each motorcycle accident injury claim can take time to reach a settlement, so do not expect to receive your compensation amount immediately.
Personal injury law payout figures will depend upon a few different elements, including:
- The impact your motorcycle accident has on your health and ability to work
- Your out-of-pocket expenses
- Any ongoing health issues due to injuries incurred in the motorcycle accident
- Decrease in life expectancy
- Ongoing costs of care
- Medical expenses
- Whether you were at fault in the motorcycle accident
The team at Smith’s Lawyers are highly experienced personal injury lawyers and are best placed at helping Queenslanders through the personal injury law legal process for lodging a motorcycle accident claim, ensuring you receive the motorcycle accident compensation you need to get back on your feet. If it is time to talk – we’re here to help.
Frequently Asked Questions
Get expert advice today
To check your compensation entitlements, request a free case review with our expert lawyers. We can explain your options to Motorbike Accident Lawyer claims so you are clear on your rights during this difficult time.
Fill in the form below to find out if you have a claim.
Disclaimer: This information is designed for general information in relation to Queensland compensation law. It does not constitute legal advice. We strongly recommend you seek legal advice in regards to your specific situation. For help understanding your rights, please call 1800 960 482 or request a free case review to talk to one of our lawyers today.