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.
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.
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.
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.
Lawyer, Solicitor, Barrister, Attorney – What’s the Difference and Which Do I Need?
What is the difference between a lawyer, a solicitor, a barrister and an attorney? Which one of these should you call when you need legal help? We understand these terms may seem confusing to the average person, but fear not! In this article, we’ll go over what the difference is and which one you need depending on your situation. We’ll also go over what these titles entail in Australia’s common law system and what duties fall underneath each member of the legal profession.
These terms are often used interchangeably, and their meaning varies from one legal to system to the next. However, they all have distinct meanings in the Australian legal system.
What is a lawyer and when do you need one?
‘Lawyer’ is a broader umbrella term, which can be used to refer to anyone who has been admitted to the legal profession. The term covers solicitors, barristers and legal executives. To be called a lawyer, one needs a bachelor or post-graduate degree in law, as well as a Graduate Diploma in Legal Practice (GDLP), be admitted to the Legal Profession and hold a Practicing Certificate in order to practice as a Lawyer. Lawyers tend to specialise in a specific area of law, such as contract law or property law, although there are some generalist lawyers as well.
What is a solicitor and when do you need one?
A solicitor is someone who has completed a law degree, obtained a practising certificate and been admitted to legal practice. That being the case, most solicitors simply refer to themselves as lawyers.
Solicitors manage day-to-day legal affairs for clients. They are usually the first point of contact when an individual or business needs legal services. For example, they may help with contracts, disputes, business sales or intellectual property issues.
In a criminal case, a solicitor will offer advice and help define the best course of action. They may also draft letters, take care of your initial appointment and gather any court documents or evidence you may need. Solicitors are trained in representing their clients in court and may do so unless a barrister is required. If you wish to have a barrister on your case, you will first need to get a solicitor.
What is a barrister and when do you need one?
A barrister is a type of a lawyer, but not all lawyers are barristers!
Barristers are lawyers whose expertise is advocacy, and they typically only become involved in a legal case when it goes to court. Advocacy stands for representing a client and advocating for their interests in court. Therefore, many advocates you see representing their clients at trial are barristers. To represent a client’s case effectively, a barrister needs to have a strong understanding of court procedures and etiquette.
Generally, barristers are retained with the help of a solicitor. They may meet with you before your court appearance, but will usually not communicate with you directly.
What is an attorney and when do you need one?
The title ‘attorney’ doesn’t have the same meaning in the Australian legal system as it does in the US. In the US, an attorney is a lawyer who has passed a bar examination and can practice law in a specific jurisdiction. In Australia, the term ‘attorney’ or ‘attorney-at-law’ is not commonly used, apart from the case of trademark attorneys. Here, an attorney is a lawyer with further qualifications to deal with intellectual property and patentable technology.
Not sure if a solicitor, barrister or attorney is the best to help you?
If all this seems somewhat confusing, and you’re not sure which of these legal professionals is the best to help you, it may be a good idea to get some advice from a legal expert. At Revolution Law, we offer free over-the-phone advice to get you started on the right path. Call us today for a no-obligation, free legal consultation.
How to Choose the Right Compensation Lawyer for your Case
Have you been injured at work, while driving or in a public place? You may be eligible to make a TPD claim to seek compensation for your injuires and any distress or loss that you have suffered.
In the instance that you are going to seek compensation, it’s important that you first seek appropriate legal representation. With the right legal team by your side, you will be able to ensure that you maximise the compensation available to you while also ensuring that the compensation process is hassle-free and as smooth as possible.
When it comes to choosing your legal representation, it’s important that you consider the overall experience and skill of your lawyer, as well as their experience in your particular area. We’re going to go through some of the main things you need to consider when choosing a personal injury lawyer for your case.
Get Your Family, Friends or Colleagues to Refer You
While you may never have sought compensation before, you can be fairly certain that you know someone who has. It’s prudent that you ask your family, friends and work colleagues for a referral for a personal injury lawyer. If someone trusts a lawyer enough to recommend them to you in your time of need, you can be fairly certain that they’re going to be an asset to you when seeking compensation.
Get Online and Read Their Reviews
When you have a recommendation from someone, it’s not enough to simply go with that – you need to also read reviews about the legal firm and, preferably, about the legal representative themselves. The majority of legal firms have Facebook and other social media profiles, and it’s possible to find reviews and client feedback about your legal professional.
Make sure you take the time to read as much as you can about your prospective lawyer so that you know you’re getting the right person for you. Take a look at their areas of experience – have they worked with road accidents if that’s what you’re seeking compensation for? Perhaps you have been injured at work, in which case you’re going to need to have a legal professional who can provide you with the support you need in this area.
You can also look into the firm itself and check out things like Google reviews or other online review platforms. Then, once you have done sufficient research, you can even call up the firm and have a chat to them to find out if they’re a good fit.
Make Sure They Have the Experience You Need
It’s rare that you’ll find a lawyer who specialises in a number of areas, given that the law is complex and legislation does change fairly regularly. You’ll need to choose a lawyer or a legal firm who are specialists in personal injury, and who have the expertise in your particular field.
At Revolution Law, for example, we specialise in TPD compensation claims. We are particularly experienced in car accident claims, workers’ compensation, public liability claims and other specialist areas of road accidents like bike injuries, pedestrian injuries and bus injuries. We are experts in these areas and operate on a no win, no fee basis which means that we are here for you with absolutely no risk.
Choose Revolution Law
When you are injured as a result of someone elses’ negligence or actions, it can be an extremely difficult time. Often you are unable to work, exercise or do what you would usually be able to do due to your injury. Our aim as your legal representative is to make the compensation process as smooth and easy as possible so that you can get on with your life. When you work with us at Revolution Law, you have one less thing to worry about.
Contact us today for a free consultation or get in touch via phone on (07) 3416 4999. We are based in Brisbane but also service the Sunshine Coast, the Gold Coast and all suburbs in between.
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.
Personal injury lawyers are not only expert injury lawyers; they are also brilliant sales representatives for their firms. When you meet with a lawyer, it’s important to be able to see through all the fancy fluff and legal lingo to make sure you will not only to get the best deal but also the best service. If you are looking for the best reviews of personal injury lawyers then you will need these three top tips to help in your search.
1. Shop Around
There are plenty of personal injury law firms. Big brand firms can easily spend hundreds of thousands a year on advertising. With so many claims opening these firms can become like legal sweat shops as lawyers have such huge caseloads. Obviously with so much pressure, those lawyers are often in a position where they need to get quick results without taking the time to get the best results. You certainly don’t want a lawyer that will churn and burn through your claim, particularly if you have what they may term as ‘a lower end’ or ‘minor’ claim that won’t necessarily result in serious profit for the law firm. It’s important that you find a lawyer that genuinely cares. Furthermore, it definitely helps when a firm relies on word of mouth to retain clients as opposed to marketing because then you know that the firm is going above and beyond to ensure their clients have the best legal experience.
2. Take advantage of the free meeting
Remember lawyers are excellent at sales, so be wary. It’s a good idea to have a support person with you in the meeting as you will be inundated with information and then pressured to sign paperwork. You do not have to sign right there as you should be advised to obtain independent advice regarding the client agreement however if you do, the client agreement should contain a cooling off period of five business days. Make sure you understand the terminology the lawyers will be using, if you don’t then ask the lawyer to explain exactly what they mean. Many of the online reviews about law firms are often a result of clients not understanding what was going to happen until it was all said and done – that’s one way to feel like you have been taken advantage of. Client meetings are also a great opportunity to get to know your Lawyer. Some great questions to ask your Lawyer would include:
How many files are they personally handing?
Will you be able to contact them directly via either text or phone?
How they will be providing you with updates and at what frequency you will be receiving them?
What type of experience in this area of law have they had?
3. Know the costs
It is important for you to understand the actual costs of your claim. Lawyers are entitled to uplift their fees by up to 25 % of their normal hourly rates if they reach a successful outcome. It isn’t hard to believe that a lawyer would not take on your case unless they were confident with its potential success so avoid a firm that wants to chew into your settlement via the uplift fee clause. At Revolution Law- there is no uplift.
We will take you through a fee disclosure to ensure you are not blindsided by costs. Personal injury law firms also have to cap their fees at 50% of the total settlement amount. This does not mean we will take 50% of your settlement, it just means in low-end claims which may only settle for 30 thousand, we would be capped at 15 thousand dollars for legal fees. To settle a claim takes 12-18 months and easily 100 plus hours of legal work. This 50% cap simply protects people from losing all their money in legal fees.
Obviously, this might make you question if you should get a personal injury lawyer for a low-end claim. This is when you take advantage of our free consultation. We will look at how viable your claim is and you can question us on whether it’s worth running yourself. We will have no hesitation in reviewing and determining this for you.
It’s a daunting experience particularly after a life-altering event such as an accident.
We wish you the best in your search for a personal injury lawyer and remember, personal injury lawyers aren’t all that bad if you find one will to go above and beyond!
If you have any queries or need for a second opinion, then call and chat to one of the Revolution Law lawyers today.
CTP Due? Are You Wondering What QLD’s Four Biggest Insurers Generate In Insurance Premiums?
Recently we reviewed the annual results for the 2014- 2015 Motor Accident Insurance Commission’s annual report. We noted that within QLD the four big insurers generate close to $1.5 billion in insurance premiums and from that huge amount, only 750 million is paid out in claims. The total pool of motor vehicle claims in QLD totaled 6,734. An average claim therefore totaled approximately $111,375.
Each claim is different, some worth more than this average and some worth less. When clients ask us what their claim is worth, we are able to give ball park figures based on our experience. However, each claim is unique and this ball park figure can often become distorted by the evidence we discover during the claim process.
So taking that figure of $750 million which is paid out in claims, we have untangled the results to provide a further breakdown from the percentage of the claim payments into the areas of a claim to illustrate the main components of a motor vehicle claim.
Economic Loss (loss of income from work) – 48%
This area is the main focus of any claim therefore there are a lot of categories of clients that are disadvantaged in a claim despite receiving the same injury as another claimant, if they do not prepare their claim in a way that represents the loss suffered, there claim will be significantly reduced.
General Damages (pain and suffering experienced) – 11.2%
There is a real stigma in the community that they should be adequately compensated for the pain and suffering that an injured person received as a result of a motor vehicle accident. Unfortunately the 2010 Government reforms reduced the amounts of compensation that can be awarded for pain and suffering or loss of amenity of life which resulted in this damage being significantly reduced in claims.
This figure is another result of Government reform as the threshold that needs to be reached for an injury claimant to obtain a contribution towards their legal costs continues to increase each year thereby becoming more difficult to obtain. That said, it is still being obtained however without expert in personal injury law, it would be difficult to reach the upper threshold to receive a higher settlement thereby receive the contribution.
Medical/Treatment – 10.5%
This is a payment to reimburse for medical treatment or rehabilitation or future medical costs.
Care (Medical and Gratuitous Care) – 9.1%
A lot of people do not know that they are entitled to claim gratuitous and/or paid care that is required due to a motor vehicle accident. Gratuitous care is the care provided to a person without receiving payment and can include domestic care, nursing services and general services that aim to lessen the consequences of the motor vehicle injury.
Other – 5.6%
This can cover other areas such as interest and tax.
What Benefits And Compensation Can I Access While On Work Cover
WorkCover is a form of insurance available for employees that are injured at work or travelling to work. It is a ‘no fault’ scheme so despite who or what caused the injury it allows Queensland workers to make a claim and access benefits in the event that they sustain a work-related injury.
What is considered an injury?
Physical injuries including aggravations of pre-existing conditions;
Psychiatric or psychological disorders;
Death from injury or disease.
What benefits and compensation can I access while on WorkCover?
Weekly compensation for lost wages;
Surgical and hospital expenses;
Medicines essential for recovery;
Rehabilitation treatment and equipment; and
Travelling expenses for medical treatment, rehabilitation etc.
I have been injured at work what do I now?
See your Doctor and obtain a workers’ compensation medical certificate.
Inform your employer and provide them with a copy of the medical certificate.
Lodge your claim with WorkCover. At this stage, we can provide you with a detailed explanation of the process, the best way to approach it and explain what your options are going forward.
Should I call a Lawyer?
We highly recommend that you do. At Revolution Law we are the Work Accident Experts and we have achieved excellent results for all of our clients that have been injured in the workplace. We offer a free initial meeting with zero obligation to sign with us. We are confident in what we offer and believe that our positive client reviews such as Google and Facebook speak for themselves. If you have any questions about your situation then call us on 07 3416 4999 and speak to one of our friendly Lawyer’s today.
ASK ABOUT YOUR CLAIM TODAY
We offer a free meeting with one of our compensation lawyers on a no-obligation basis. We are confident in our expertise, client rapport, operating policy, and ability to get great results.