Cycling on Brisbane roads is becoming an increasingly popular mode of transport, with more and more people peddling places every year whether they are getting to work, riding for exercise or just cycling as a leisure activity. With the increase of the population using bikes on the roads, there has also been a rise in traffic accidents involving bicycles over recent years.
Due to the nature of the mode of transport, bike riders have a greater likelihood of sustaining more serious injuries which can significantly affect their work, their enjoyment of life and obviously cost a great deal in medical and rehabilitation expenses.
If you have been swiped by a car, hit by oncoming traffic, had a door opened on you or been rear ended by a car, then you may be eligible to make a bicycle accident compensation claim against the at-fault car’s CTP insurer. Just like other vehicles, you have the right to ride and to ride without incident.
So if you need a dedicated bicycle accident lawyer to represent your claim for compensation, look no further than Revolution Law. We are expert lawyers representing hundreds of injured people throughout Brisbane, Logan and the Gold Coast. It is always important that you seek legal advice as soon as possible, as limitation periods do apply to lodging claims for compensation for all bicycle accident matters.
How Do I Know if the At-fault Vehicle has Insurance?
If you have been injured and wish to make a bicycle accident claim for personal injury, then you can do so against the CTP insurer of the at-fault vehicle. It is compulsory for all Queensland drivers to have CTP insurance and it is built into the registration of their vehicle. If the at-fault car has registration, then your injury is covered by their CTP insurance.
If the at-fault car does not have registration, then do not worry as you can still make a personal injury claim, but it will be made against the Nominal Defendant who steps in to fulfil the role of the insurer in these circumstances.
Australia was the first country to legislate compulsory helmet wearing on bicycles in 1991.
It is legal to ride on the footpath in Queensland.
Road rules apply to bicycle riders, and the police can give fines for failure to obey.
What If I Have an Accident on My Bike Due to a Poorly Maintained Road?
In this case, you will be unable to make a CTP claim because there is no at-fault vehicle. However, you may be able to make a Public Liability Claim. Public Liability Claims can be difficult because the road authority is not responsible for injuries that occur due to unmaintained roads, unless of course they have been previously put on notice about the issue with the road and have not been provided maintenance in a timely manner.
At Revolution Law, we can work with you to decide on the best avenue for your bicycle accident compensation claim at your initial, no-obligation consultation.
What Other Types of Claims May I Be Able to Make as Well as a CTP Claim?
If you have been injured riding to work or if you use a bicycle for work (such as bicycle couriers), then you may be eligible to make a WorkCover Statutory Claim.
If your injuries are so serious that they affect your ability to continue working, then you may be eligible to make a TPD claim.
There are also other options that may be available to you such as income protection claims or early access to your super fund claim.
What Can I Do to Help Ensure a Favourable Outcome?
Although you can lodge a CTP claim on your own, we do advise that it is in your best interest to request an expert personal injury and bicycle accident lawyer to lodge the claim on your behalf.
There is a lot of work that goes into making a successful CTP claim, and obtaining a favourable outcome requires a comprehensive understanding of personal injury legislation. Further to this, insurers are notorious for making low offers when claimants attempt to self-represent.
If you have been injured in a bike and car accident, then the first thing you need to do is seek the medical treatment you require. After this, it is important that you gather as much information about the accident as you can (and that is available), and report it to the police. The sooner that we start your bicycle accident claim, the sooner we will be able to obtain compensation funding for your rehabilitation and medical expenses.
How Much Compensation for My Injury Will I Receive?
Every bicycle accident compensation claim is different and is assessed individually. It is difficult to estimate a compensation figure until all the evidence has been gathered and the extent of the injury has been established. Therefore, estimates are not really possible until well into the claim.
There are five main heads of damages which are considered in a compensation claim:
- Loss or reduction of income as a result of inability or reduced ability to work;
- Pain and suffering;
- Treatment and rehabilitation;
- The need for someone to provide care in the home or in the community; and
- Out of pocket expenses both for now and in the future.
Each of these heads of damages bear a different weight of worth in regard to compensation. For example, loss or reduction of current and future income is weighted more than pain and suffering. A successful bicycle accident lawyer will know how to condense your evidence and advocate expertly on your behalf to obtain the maximum amount of compensation for each head of damage.
Due to the complex nature of compensation claims, it can be difficult to establish exactly what your legal fees are at the beginning of a bicycle accident claim because various factors will come into play as we progress with it.
But no matter the law firm, all No Win-No Fee arrangements are subject to the 50/50 rule, which stipulates that the maximum fee that a law firm can charge including GST is 50% of the settlement amount after refunds and outlays have been deducted. This does not automatically mean we will take 50% of your settlemen; it simply puts a cap on what we can.
We work to save you money wherever possible. In comparison to other law firms, our lawyers’ hourly rates are significantly lower and we have excellent systems in place to ensure that our legal team are working efficiently.
Further to this, our fee policy guarantees no uplift fee. While many of our competitors charge a 25% uplift fee on the successful completion of a claim for taking the financial risk on your matter, we don’t charge this additional fee. At Revolution Law, we are in the business of winning, and we are confident in our expertise.
Our No Win-No Fee policy is of zero risk to our clients. If we don’t win your matter, then you get to walk away from the claim with zero strings attached. If we have paid for any outlays such as medical appointments and reports on your behalf, then you do not even need to worry about reimbursing us. Absolutely zero risk – the way it should be.