Quad Bike Accident Claims Lawyer

If you have been injured in a quad bike accident, you may be eligible to make a compensation claim.

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.

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Common Types of Injuries From Quad Bikes
The level and type of injury suffered in a quad bike accident often depend on the way the accident happened and the safety measures that have been utilised. Some common injury types include:
- Broken bones
- 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
In 2015, the Queensland Coroner's Court investigated and provided findings on nine quad bike-related deaths. In analysing statistics related to quad bike fatalities as part of the Inquest findings, the Coroner reportedthat there are about 15 to 20 quad bike deaths per year in Australia and a quarter occur in Queensland.

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
What You Can Claim For Quad Bike Accidents in QLD
If you have suffered an injury in a quad bike crash you will potentially be able to seek compensation for:

- 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
The Quad Bike Injury Claims Process
Work-Related Injuries
Often a worker seeking compensation for injuries suffered at work will first apply to WorkCover Queensland. You will usually be entitled to worker's compensation if your accident occurred at work, or travelling to or from work, or in the course of performing your work duties.

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.
There is a specific claims process, including:
- Making an application to WorkCover - this can be done online
- 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.
Often you can start receiving payments while your claim is being processed. The second way to seek worker's compensation is through the courts - continue reading for more detail. This can be pursued instead of WorkCover, or you can do both in some circumstances.
Other Accidents
If you are injured outside of an employment context, you will probably need to consider making a compensation claim in court against whoever caused the injury. This can be an individual or an organisation, and could be:

- 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.
How Our Quad Bike Injury Lawyers Can Help You Bring a Claim
If you have suffered a quad bike injury at work, a statutory claim to WorkCover or a self-insurer can be relatively straightforward. However, many people find they appreciate having lawyers to help them as they navigate the claims process.

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.
Make a Compensation Claim With us From Any One Of These Locations in QLD:
Do you stay in Brisbane? So do we! We guarantee you great customer service and in addition, you won't need to worry about legal fees until after your case is resolved. And if you don't win your case, you don't have to worry about paying your lawyer or anyone else. No Win, No Fee, No Catch. 
Gold Coast
Call and organise a meeting with one of our lawyers in Gold Coast.Our office is conveniently located near the Southport tram stop which is just 300m walk away. 
Sunshine Coast
Call and book an appointment with our Sunshine Coast office lawyers. The closest bus stop to our office is Innovation Pkwy near Metier Linkway, which is a 100m walk to our office. 
Greater Queensland
If you're situated in Greater Queensland and need a truck accident lawyer, Smith's Lawyers can help. We service all of Queensland and offer phone appointments if you aren't able to come to one of our offices.
Here's Why 94% of Our Clients Happily Refer Our Services to Friends and Family
You are Not Alone
We know the process is a lot to take in and it's hard to know which steps to take next. Our attorneys and staff will patiently explain the process so you are comfortable with the plan and confident about the path forward.
We Care About You and Your Success
At Smith's Lawyers, your well-being and your case's successful result are what matters to us. We value each of our clients and are honoured to represent you during this challenging time. Together, we'll get through it.
No Win. No Fee. No Catch®
This promise means all financial up-side and no expensive downside for you. You get compensated without spending anything from your pocket. Unlike other firms, we don't make you pay the other party's legal fees and expenses if your case doesn't succeed in court. If you don't win, you don't pay us or anyone else.
25 Years of Outstanding Results
Our financial numbers are quite impressive. In 25 years, not one client has had to pay out-of-pocket expenses. In the last financial year, our clients received over $28 million in compensation. We work hard and get great results for you.
Lodge A "No Win No Fee" Claim
If you suffer injuries while at work, you don't have to worry about the whole process of making your claim or the legal fees involved. Here at Smith's Lawyers, we offer free consultation services for injured workers looking to kickstart their claims. As mentioned before, we also have a no-win no fee, no catch policy.
Get in touch with us to give yourself the best opportunity to receive the maximum compensation possible for your claim.
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