Quad Bike Accident Claims Lawyer
A quad bike or 'quad' is basically a motorbike with four wheels. The rider straddles the seat and controls the vehicle with handlebars. Quad bikes are also known as "all-terrain vehicles, or ATVs", though that description has been criticised, given the high incidence of quad bike accidents on rugged or sloping terrain.
Quad bikes are commonly used on private property, though they can be ridden on public roads. A quad can be used recreationally and as a work vehicle on a farm or in rural workplaces.
Unfortunately, these vehicles are well known for rolling over while being ridden, particularly on a slope, resulting in serious or life-threatening injury or death. Quad bike safety is therefore paramount, and measures such as rollover protection, wearing a helmet, training and using the right bike for the land being ridden on are essential to managing the risk associated with using this type of vehicle. Safety recommendations are also extremely clear that children should not be allowed to ride a quad designed for an adult.
Someone who has been injured, or the family of someone killed, in a quad bike accident may be entitled to seek compensation.
Find out more about making a motor vehicle compensation claim.
- Burns
- Strangulation ( for example, on a fence wiring if the bike accident involved going through a fence)
- Crush injury to the head, chest, or abdomen
- Spinal injury
A fatality from a quad bike accident can be in a number of ways, including:
- Chest injury
- Head injury
- Neck or spinal injury
- Being trapped under the quad bike and related asphyxiation
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- your past and future medical bills
- the cost of ongoing treatment and rehabilitation, including travel costs for attending appointments
- lost earnings like wages or self-employment income
- an additional amount for pain and suffering, called 'general damages', which is set by law (legislation).
If the accident was work-related, WorkCover or a self-insurers will usually pay for the same things, other than general damages. However, if you have suffered permanent impairment, you may be eligible to receive a lump-sum payment.
Family members of someone killed in a quad bike accident can potentially receive:
- A lump-sum payment for dependants
- Payment of reasonable funeral expenses
- Reimbursement or payment of medical expenses
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A claim must be made to WorkCover or a self-insurer within 6 months from when the injury occurred or when it is first linked to your workplace duties by a doctor.
- WorkCover collects certain information, including by:
- getting a work capacity certificate from your doctor and other medical practitioners
- obtaining information from your employer
- gathering evidence from witnesses
- WorkCover will then make a decision. This may be done within 20 business days.
- An employer as discussed above, if you suffered injuries at work
- The owner of a recreational facility that offers quad bike riding as an activity
- The driver of the quad bike, if you were the passenger.
In court, you will usually be seeking to prove that the other person was negligent.
Generally speaking, in negligence claims you are required to commence a claim with the court within 3 years of the injury occurring. Before lodging a court claim there may be certain steps you must take under the law to notify the person you are claiming against that you intend to make a claim.
Where an injury occurs somewhere other than work, for example, while riding a quad bike recreationally, you would need to seek compensation through the courts.
Bringing a case in court can be stressful and many people find it daunting as they are not accustomed to it. Personal injury law can be complex and the legal process difficult to navigate.
Our lawyers can:
- Advise you on the law
- Ensure you comply with all requirements and time limits
- Prepare the necessary documents for your case
- Negotiate with the lawyers for the person or organisation you are claiming against, and potentially resolve the case without having to go to court
If your case is going to court:
-Collect evidence and make sure it's in the correct format to be accepted by the court
- Argue your case for you
- Answer any questions you have during the process
In either case, if you suffer a total permanent disability, our lawyers can help you make a claim to your TPD insurer, which will often be your superannuation provider.
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I would highly recommend Smith’s Lawyers. The work they put into my case was exceptional, even with such a busy working life and at most times being unreachable. They went above and beyond to ensure the best possible outcome. I am very pleased with their work and the result.
"I highly recommend Smith’s Lawyers! They are very easy to deal with, all staff from the reception ladies through to the lawyers are friendly and action emails and phone messages promptly. I couldn’t have asked more from any of the team. I’ll certainly use Smith’s again in the future if I need to"
"Greg, Luke and the team at Smiths Lawyers were absolutely amazing in the handling of my cases from day one they were so proactive right through to finalisation of my claim. It’s true what they say no win no fee ( A broad statement) we won my claim and the cost associated with the claim was as such after deductions."
"People cringe at the thought of dealing with lawyers but my experience so far has been an absolute pleasure."
