We went to Court to prove our client was not at fault in a car accident

2022-07-13T13:27:54+10:0012/05/2021|Injury, Motor Vehicle|

We went to Court to prove our client was not at fault in a car accident

Revolution Law’s very first client, Dane, is one of the nicest of guys. Sadly in 2015, Dane was involved in a catastrophic head-on collision with another vehicle while traveling along Bribie Island Road.

His accident is a testament to why we have Compulsory Third Party (CTP) insurance in Australia which protects drivers who are not at fault in an accident. Our role as personal injury lawyers is to ensure the best possible compensation outcome for victims of road accidents. The heartbreaking reality is that victims of tragic car accidents have their lives forever changed through no fault of their own. No amount of money can truly compensate for the pain, the grief, and complete change of life that a victim and their community circle must go through.

Compensation is a monetary value that allows a victim to live life without suffering a financial burden due to a car accident. As with all personal injury claims, Dane’s matter had a mediation conference. In most cases, it is at this conference where the claim settles, and the compensation figure established. However, if mediation is unable to be reached, then a claim commences to Court proceedings.  In Dane’s case, the matter proceeded even further to trial.

Heard at the Supreme Court of Queensland in May 2020 with the purpose of establishing whether the collision occurred because of the negligence of the other driver or whether any failure on the part of Dane caused or contributed to the collision. At this trial, the Court found that the other driver breached the duty of care as a fellow road user, which resulted in the car collision. The collision was found not to be caused or contributed to by any negligence from Dane. A terrific outcome for Dane, but unfortunately it was appealed by the other driver.

This appeal saw this case back to the Supreme Court of Queensland in the Court of Appeal with the hearing held in September 2020. The judge reviewed the extensive evidence and submissions supplied by both parties, and once again, Dane was established not at fault for the accident. The verdict of the earlier judgment was upheld, and the appeal was dismissed. As a result, justice for Dane was achieved, allowing for future monetary compensation to reflect the establishment of liability.

Thankfully, personal injury claims very rarely end up in the Courts. What is essential to take away from this is that having the right Lawyer is crucial in determining whether proceeding to Court will result in the best outcome. If this is a case, you want a lawyer who not only understands your position but has the experience and enthusiasm not to shy away from a fight.

Manton v Harris & Anor [2020] QSC 102 Hearing Date: 5 May 2020, https://archive.sclqld.org.au/qjudgment/2020/QSC20-102.pdf

Harris v Manton & Anor [2020] QCA 241 : Hearing Date: 21 September 2020, https://archive.sclqld.org.au/qjudgment/2020/QCA20-241.pdf

Avoiding Accidents – Defensive Driving Techniques

2022-06-28T18:09:11+10:0028/01/2021|General, Motor Vehicle, Tips & Tricks|

Avoiding Accidents – Defensive Driving Techniques

Car accidents are not only terrifying and expensive but can cost you a lot of pain or even result in death. In Australia, the leading causes of fatal car accidents are drink driving, speeding, fatigue, and driver distractions. It is quite easy to avoid these factors by taking simple precautions like the ones below.

Slow down on the roads

Speed is currently the biggest killer on Australian roads. When you speed it makes it much harder to maintain control of your vehicle, and this is when accidents occur. Every kilometre over the speed limit puts not only you, but others at risk. Ignoring these limits is not only dangerous, but illegal. If you manage to avoid crashing your car you are still at a risk of receiving a hefty fine and losing demerit points. It is not worth risking your life or those of your passengers and other drivers. The easiest way to avoid an accident due to speeding is to not speed in the first place.

Don’t drink and drive

This seems like an obvious one, but unfortunately it does not stop people jumping behind the wheel when intoxicated. Despite strong public health campaigns, drink driving still causes a high number of car accidents and deaths. The easiest way to avoid an accident when drunk is to not get behind the wheel. It is as simple as organising a lift through a sober friend, family member, ride share app, or taxi driver. This also applies if you are the passenger in a car with an intoxicated driver. If you are already in the vehicle then request the driver pulls over and call any of the options mentioned.

Avoid distractions

Looking away from the road, even for two seconds, is extremely dangerous. Getting distracted by your mobile phone is a major contributing factor to a lot of car accidents. If you need to answer your phone or eat or drink then pull across to the side of the road. If accessing your phone is important for your job then consider installing a mobile phone holder on your dashboard. Other distraction factors include passengers inside the vehicle and distractions outside the vehicle. These distractions slow your reaction time, which can lead to riskier driving.

Fatigue 

Driving when fatigued dramatically reduces your reaction time on the road and your judgement. The likelihood of falling asleep at the wheel also significantly increases. If you are feeling tired and it is safe to do so then pull over to the side of the road. There are also designated rest stop areas on major motorways that you can use. The only remedy for fatigue is to simply take a break.

Other risky driving behaviour 

The big four are not the only contributing factors to car accidents. Other risk factors that contribute to accidents include:

  • Not wearing your seat belt – not only is it illegal to not wear one, using your seatbelt can be the choice between life and death in an accident.
  • Not ensuring your vehicle is roadworthy – you should make sure that your tyres and lights are in working condition.
  • Forgetting to use your indicator – failing to indicate can confuse other drivers on the road.
  • Tailgating – not only is it rude, but if the car in front suddenly brakes it leaves no time for you to stop.

Staying safe on the roads is not rocket science. Following these tips can help you avoid hurting not only yourself but loved ones and other drivers on the road. If you have unfortunately found yourself in a car accident then contact Revolution Law for a free case review today.

What To Do When A Car Accident Is Not Your Fault?

2022-06-28T18:11:21+10:0021/01/2021|Motor Vehicle, Tips & Tricks|

What To Do When A Car Accident Is Not Your Fault?

So, you have been unlucky enough to end up in a motor vehicle accident at the fault of the other driver. It is understandable to feel overwhelmed and stressed, but there are some steps that need to be taken to ensure you can seamlessly make a claim, especially if you are uninsured.

To make things easier we have put together a list of our top 10 tips about motor vehicle property damage and who to call when you need help.

Stay at the scene & call an ambulance is necessary

Once an accident occurs you need to stop and stay at the scene of the accident. If you or the other driver/s are injured, then call 000 and request an ambulance to the scene of the accident.

Call the police

Even if you do not think the accident is that serious, it is important to call the Police if any involved parties are injured, if vehicles need to be towed, or if you estimate the damages are in excess of $3000. If they do not attend then you should still report the accident.

Obtain as many details as possible

While you wait for emergency services to show up try to gather as many contact details as possible. Important information includes full names and addresses, registration details, phone numbers, and insurer details. If there are any witnesses also try to obtain a witness statement and contact details from them. Taking photos of the accident from a variety of angles is also important for insurance purposes.

Contact the at fault driver

If the at fault driver is insured and puts in a claim then you can expect to hear from their provider. It is common for providers to request quotes for the damage incurred to your vehicle or other information to help with the claims process. If the at fault driver does not make a claim then you can take steps yourself. Even if you are uninsured you are still able to make a claim for compensation. The first step is to send the driver a Letter of Demand. This letter requests that the individual responds by a specific date and includes quotes that you have obtained from licensed motor vehicle repairers.

Driver refusing to respond?

If the at fault driver refuses to respond to your letter of demand then you can contact their insurance provider.  They will assess the police accident report, witness statements, and any photo or video evidence from the scene. You also have the option to take legal action. The experienced team at Revolution Law can help you with your car accident or property damage claims.

It is better to be prepared for the worst. By following these steps, you should hopefully be less stressed if you unfortunately end up in an accident. If you have any other questions simply get in touch with our friendly team today for an obligation free quote or for a chat.

What is Whiplash?

2022-06-28T17:09:31+10:0025/07/2018|Injury, Motor Vehicle|

What is Whiplash?

Whiplash is a non-medical term used to describe neck pain which has resulted from a soft tissue injury to the neck. It is a common injury that is caused by a traumatic incident such as a rear end car accident, where in the neck is extended beyond its typical range of motion causing an abrupt forward backward movement to the spine. This form of injury can cause significant pain and disability.

Whiplash Symptoms and Diagnosis

Symptoms of whiplash can include neck pain and stiffness, spasms, headaches, shoulder pain and stiffness, jaw pain, ringing in the ear, backpain, dizziness, fatigue and a loss of a range of motion in the neck.

If you suspect you may have whiplash your treating doctor can diagnose clinically by a thorough physical exam.  The evaluation should include the observation of the your ability to move your head to the left and right, backward and forward and side to side. Your doctor will try to detect areas of pain and tension by observing and touching the muscles in your neck, head and upper back and shoulders. Strength, sensation and reflect testing should also be undertaken to detect and confirm any problems.

Soft tissues injuries such as whiplash cannot been seen on X-rays. Further specialised imaging such as CT Scans or an MRI may be recommended to ensure the accurate diagnosis of whiplash. However, they are not generally required as a doctor can usually diagnose with the physical exam.

Whiplash Treatment

If you have been diagnosed with Whiplash, then your Doctor will likely recommend over the counter pain medication. Additionally, you can attempt the following to minimise your pain;

Your Future

If your whiplash injury has an impact on your future, get in touch with one of our TPD lawyers today to see how we can assist with a compensation claim to minimise the impact on your life.

Compensation Payouts for Motor Vehicle Accident Claims.

2022-06-28T17:15:37+10:0009/05/2018|Injury, Motor Vehicle|

Compensation Payouts for Motor Vehicle Accident Claims.

If you have been injured in a car accident and you are wondering about compensation and monetary payouts then read on to find out the answers to the questions you are really asking.

Can I make a compensation claim after a car accident?

If you have been injured in an accident of which you are not at fault for then the answer is yes. Injuries can include anything from whiplash, broken bones and paralysis.   It doesn’t matter if you are the passenger, another driver or a pedestrian, you have the right to bring forward a personal injury claim against the at-fault driver’s CTP insurer. If you are unsure of whose fault it was or have some odd circumstances then speak to one of our Lawyers for free about the accident.

How much are car accident compensation payout figures?

To give people a range that is specific to their case is impossible during the initial stages of their claim. Each claim is unique and compensation figures are based on a range of factors which are specific to the claimant. Before we can discuss figures we have to gather and analyse evidence, determine the extent of the injury, review your current economic loss and your predicted future loss, finalise what impacts the injury has on your life and so forth.

Averages of compensation payouts have been released in the 2017 Claimant Research Report conducted by the Motor Accident Insurance Commission (MAIC). You can review the report here.

•  On their own, self-litigants averaged a total settlement amount of $13,481.94. 

•  The average amount self-litigants received in hand was $10,281.94.

•  Injured claimants that opted for Legal representation averaged a total settlement amount of $93,305.46.

•  The average compensation payout legally represented claimants received in their hand was $51,295.77.

Should I run my own personal injury claim?

If your intention is to save money on legal fees then read on. Firstly, personal injury firms like Revolution Law operate on a No-Win No-Fee basis. If we don’t win your case, then we won’t charge you any fees. But it’s not just about engaging a lawyer with no risk to you and without the requirement of having to pay upfront fees – it is the fact that to get the type of compensation payout results shown in the MAIC report requires easily 100 plus hours of detailed legal work from experienced and experts.

The average figures in the MAIC report evidence’s that claimants can be some 40 thousand dollars better off with their in hand payout. This is after legal fees are taken into consideration. These figures speak for themselves in the reality of engaging a lawyer.

Why Choose Revolution Law?

This is an absolutely shameless plug about the fact that we are proud of what we do and we love getting the best possible results for our clients. It’s a great feeling being able to see our clients move forward with financial security for their family after a traumatic event taking so much.

In your initial free consultation, we can easily assess your matter to see if it has any merit. We have no problems in being upfront with you. If we think you can get a better result without legal advice, we’d tell you!

Our fees are capped at 50% of your final payout. It doesn’t mean that we will charge you that much, it just means that if we do an extreme 500 hours of work and you only get a terrible settlement offer of only 20 thousand dollars then we can only take 10 thousand dollars in fees. Don’t stress too much, our lawyer will go through a full fee disclosure before you even sign up. We have nothing to hide and no the importance of being clear with fees.

Speaking about fees, it should be mentioned we have No Uplift Fees. Most firms charge an additional 25% on their fees if they have been successful on your matter. That is their way of trying to bump their fees up as much as possible. You pay for what you should, we don’t need a success fee because that is your entitlement.

Another one of our bonuses which can save you thousands is that carry the costs of obtaining medico-legal reports, plus the costs of gathering other evidence. Most firms use a third party which charges the client an exorbitantly high-interest amount which you have to pay back from your compensation.  It’s the cash converters of the Legal world and it’s costly. When you are with us, we carry these expenses and the best bit is, we won’t charge you any interest and if your matter doesn’t settle then our business will bare those expenses so that you can truly walk away without any financial commitment.

Lastly, the Director and owner of the firm not only works at the office but is still actively engaged in overseeing and checking up on all clients throughout their claim’s process. You can get in touch with him at any stage throughout your claim. This firm is personal, you are not a number. Your success is our success.

How to Make Sure You Don’t Fall Asleep At the Wheel

2022-06-28T17:23:06+10:0002/03/2018|General, Motor Vehicle, Uncategorized|

How to Make Sure You Don’t Fall Asleep At the Wheel

In Queensland between 2004 and 2010 almost one in seven road accident fatalities were related to fatigue. Some injuries and fatalities could be avoided if drowsy drivers didn’t get behind the wheel. The key to changing these shocking statistics are taking action when you’re fatigued and developing habits that promote better sleep.

Sleep Deprivation Affects the Brain

Lack of sleep causes more than a few yawns. It changes the way the brain works. When you don’t get the rest you need, your mind tries to compensate. Neurons, the cells that send the signals to process information or move the body, slow down in an attempt to bring the brain to a sleep state. Your brain’s slowdown looks like:

  • missing exits and turns.

  • drifting out of your lane.

  • losing km’s (short-term memory loss wherein you forget the last few kilometers traveled).

  • increased aggression and mood changes.

When sleep deprived, your brain processes information at a slower rate, which affects decision-making skills and reaction times. The difference between a close call and a deadly accident may only be the matter of a few seconds. To make sensible decisions, the brain must be firing at full speed.

When It’s Time to Take Action

If you start to notice the symptoms of drowsy driving, even the early ones like slow blinking and frequent yawning, you can take action that could save a life. When driving alone, try pulling over in a safe, well-lit area to take a short nap. Short, 30-minute naps have been shown to reverse many of the effects of a bad night’s sleep. If you can’t spare that much time, 15-20 minutes might still be enough to get you home safely.

Road trips can be especially dangerous. When traveling with a partner, be sure to switch drivers every two hours. Take the time to close your eyes when you’re in the passenger seat. While you might lose a little time to fatigue, remember that you’re protecting yourself, your family, and everyone else on the road.

How to Get Better Sleep

For those who struggle with drowsy driving, try to make sleep a priority. Everything from stress to your work schedule may get in the way of getting a full seven to eight hours of sleep. But, better sleep can be yours with the right habits and conditions.

  • Create the Right Conditions: Your bedroom needs to be a sleep sanctuary. Be sure you have a comfortable mattress that supports your back and prevents any nighttime waking from aches and pains. The right pillow will also help you have a restful night. Keep your bedroom a cool 60-68 degrees at night and cut out as much sound and light as possible.

  • Eat the Right Food: Some foods actively promote better sleep. Foods rich in Vitamin B6, which is used to make melatonin, a sleep-inducing hormone, help your body regulate the sleep cycle. Try adding fish, chickpeas, or bananas into your diet. Calcium-rich foods also help the body release the hormones that trigger sleep. A warm glass of milk or low-fat yogurt before bed can help your eyes close faster at night.

  • Establish a Regular Bedtime Routine: Those who have trouble falling asleep often benefit from a regular bedtime routine that includes relaxing activities like a warm bath, reading a book, or a few deep breathing exercises. For the best results, perform your routine in the same order at the same time every night.

After a Car Accident Check List

2022-06-28T17:31:29+10:0011/01/2018|Injury, Motor Vehicle|

After a Car Accident Check List

While we don’t ever want to be involved in an accident, the fact remains that there may come a time when you will be. And if that day arrives, you want to be well prepared and to know what you need to do.

There are legal obligations that you need to adhere to, and you’ll also want to ensure that you are protected in the event of being at fault, or if you were not at fault and need to seek personal injury compensation.

This is a short guide for what you need to do if you have been involved in a road accident.

When the Accident Has Just Happened

First of all, you need to stay on the scene. Make sure everyone involved in the accident is safe, and if someone has been injured or killed, you will definitely need to provide a police statement.

You need to call 000 (triple zero) if there is an emergency, an injury requiring medical attention, or a death. Also, if there is a hazardous environment or a threat to public safety from things like downed power lines or spilt fuel or goods, you’ll also need to call emergency services.

If you suspect that drugs or alcohol are involved, you’ll need to call Policelink on 131 444. Call Policelink if a driver fails to provide their information or if a driver has an impairment or a disability and requires police assistance. You need to:

  • Exchange information with the other people involved in the crash
  • Arrange for your car to be moved (if it is safe to do so)
  • Report the accident to the Queensland Police Services within a 24-hour period

If you have returned to your unattended vehicle and found minor damage (and the other driver has already left the scene), you can also report this to the police to help with an insurance claim.

You need to provide the following ‘required particular’ information to the other driver:

  • Your name and address (plus the name and address of the vehicle owner if you don’t own the car/vehicle)
  • The registration number of the vehicle
  • Anything else necessary to identify the vehicle

Take pictures of the accident, the position of the car(s) and any injuries for you or anyone else who has been in the car with you.

After the Accident

We recommend that you seek legal advice if you were the at-fault driver, or if you have been injured. If you haven’t got the other person’s name or details but you have their registration plate number, it’s possible to find their information by searching online at the Department of Transport. If you have been involved in an accident and were at fault, the police may charge you with a traffic offence which means it’s vital that whether you were at fault or not, you seek legal representation.

Seek Medical Attention

While many people feel fine immediately after an accident, it can be shock that is masking an injury, and a true representation of how you feel might not appear until a day or a few days later. It’s vital that you get a comprehensive medical assessment immediately after your accident, especially if you are feeling any pain, discomfort, dizziness or numbness anywhere in your body.

This is the best thing for your physical health but also ensures that you are protected in the event that you need to seek personal injury compensation. After all, it may be tough to prove that your injuries were as a result of your car accident if you wait days or weeks after the crash.

Keep Notes

You may be seeing specialists and visiting multiple healthcare professionals. Make sure that you take detailed notes of anyone that you visit. Keep it all in a diary or monitor it somehow – along with the total costs you spend. Keep your receipts if you need assistive devices like crutches or a wheelchair, and also keep records on the following:

  • A journal or daily diary about your injuries and any of your medical treatment. Be specific here – really specific – about how much pain you are in, any inconvenience, any loss of function or missed opportunities due to your injury and any household jobs that you can no longer do. Also, keep track of who has been ‘picking up the slack’ so to speak, with household tasks and duties.
  • Any medical correspondence from practitioners (including phone calls, emails and appointments)
  • Any special food, treatment aids or anything else related to your injury
  • Travel to and from appointments
  • Pictures of injury progress
  • Financial losses or lost opportunities at work or professionally otherwise

Seek legal advice and representation

We are here for you to make the compensation process simple. While a  claim is never easy to go through, we can make the whole process smooth and as hassle-free as possible, leaving you free to concentrate on getting better and being there for your family. Without legal advice, you will find it very difficult to access the full range of compensation that you are entitled to.

We are Brisbane’s expert TPD personal injury lawyers and would like to speak with you about your accident and help you move forward. Contact us today on 07 3416 4999 or get in touch online for a free consultation.

Miniature Motorbike Legalities

2022-06-28T17:45:58+10:0002/06/2017|General, Motor Vehicle, Tips & Tricks|

Miniature Motorbike Legalities

School holidays are half way through and during this time I have seen an increase of miniature motorbikes being ridden through local parks and on footpaths and roads.   Miniature motorbikes as a toy for youth has sparked many a debate on various Facebook crime watch pages with some people complaining of the dangers and noise and other folks arguing that at least the youth are outside and not getting into mischief.

As much as a strong advocate I am for youth and everyone for that matter turning off their screens and participating in sports and activities outdoors it is important to look at the legalities of riding miniature motorbikes.

Personally, I am not a fan of these motorbikes and that is solely due to the extremely irritating high-pitched motor which is for me a grating noise, much like a teacher’s nails on the blackboard.  Our house backs onto property which is popular for young trespassers and their miniature motorbikes. On a Sunday afternoon you’ll find me hanging out the washing and moaning under my breath that once again an afternoon nap has been destroyed.

One Sunday afternoon not so long ago the sound of two motorbikes were cut short and screams for help replaced it.   I jumped our back fence and raced to where a teenage boy stood over his unconscious friend who had badly injured his leg after coming off his bike. With no guardian around, the injured boy’s friend raced off on his mini motorbike to inform them of the accident. I watched him race off, observing that in his panic he narrowly missed being hit by a car. I called an ambulance and stood there hopelessly making pathetic and reassuring comments to the accident victim who has since regained consciousness.

I understand these boys were out having fun but the consequences could have been dire as either of them could have been seriously injured, particularly due to their lack of safety gear and poor choice of property to ride on. There is no personal injury claim if you make choices like this. The consequence of making poor decisions in the name of fun can lead to serious injury, and when you get onto a miniature motorbike and trespass onto private property where you have no idea of the lay of the land, you are putting yourself into a tedious situation.

What is more concerning is how miniature motorbikes that are being driven illegally are becoming a common sight on local roads and footpaths. Outside our Logan Personal Injury Law office, I’ve watch these bikes mount the foot path and race around the corner. It is with sole fortune that on these occasions there are no innocent pedestrian standing in the rider’s way. There seems to be an awful lot of bravado from young riders on their miniature motorbikes, one would say that they seem to believe that their miniature motorbike pose no risk to others due to the small size.

However it was only late 2015 when Andrea Lehane a nurse and mother was struck by a miniature motorbike on a pedestrian crossing outside a shopping centre in Melbourne. Her injuries were so horrific that two days after the accident she had her life support turned off and she consequently passed away.  In May 2017, the culprit Caleb Jakobsson now 20 years of age was officially sentenced to 7 years in jail. The family of Andrea suffered an unnecessary and devastating loss due to the dangerous and illegal driving of a miniature motorbike.  This bike ride had been initiated as a fun and cheap thrill by a teenager who wasn’t aiming on hurting anyone, instead now the young driver bares the responsibility, shame  and consequences that his decision’s led to.

Riding a miniature motorbike is a choice. They are readily available. They are popular and relatively inexpensive. If you own one of these bikes or if you have purchased them for your children, then you should know the laws around where these bikes are legally allowed to be ridden.

The following list of bikes are determined by the Queensland State Government to be non-compliant for use on the road or road related areas such as foot paths. Under no circumstance can they be registered. So despite your view of miniature bike’s  it is important to note that it is  illegal for them to be ridden through local parks and on  footpaths and roads.

Sourced from www.qld.gov.au

It is not all doom and gloom if you own a miniature bike.  You are entitled to drive it on your own private property or on a private property which you have sought permission to ride on. The Department of National Sports, Parks and Racing have also compiled a list of places where it is legal for people to ride motorbikes for recreational purposes.

If the holidays are feeling long and you are struggling to entertain your youth with brilliant cheap or low-cost activities then a great place to source fun things to do is the youth programs organised by the Logan and Brisbane City Council. The broad range of activities they organise are excellent  and they  include such activities as music, rock climbing and art classes.  They are not restricted to where your place of residence is so it is well worth researching both youth programs to see what sparks the interest of your child.

So, happy last week of holidays. May they be safe and fun filled for your entire family.

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