Calamity caused by unknown driver

In February 2009 a 40 year old truck driver, Mr Drzyzaga, was driving a semi-trailer along the Pacific Motorway and took the Nerang-Broadbeach Rd exit.

He proceeded around a bend on the off-ramp, checked his rear mirrors and came upon a car that had stopped in the lane ahead of him.  Mr Drzyazaga then braked heavily and swerved to avoid the car as a result of which he lost control and crashed into a traffic island.  He injured his neck and upper back.  He returned to truck driving but found lighter work that involved less loading and unloading of the truck.

The driver of the car was unable to be found:  they had absconded from the scene of the accident.

The matter came before the court where the Nominal Defendant appeared as the insurer of unidentified vehicles.  They denied there was any fault on the part of the unidentified car and contested the amount of compensation Mr Drzyzaga was entitled to.

Ultimately the court accepted that the driver of the unidentified vehicle had been negligent.  However,  Mr Drzyzaga was also found to be at fault in the order of 20%:  for failing to keep a proper look-out on the road ahead of him.

Mr Drzyzaga’s compensation was assessed at $139,500:  which, after a deduction of 20%, meant his award of damages was $111,663.

If this article could be relevant to your situation please contact us.  We’d be more than happy to help guide you through your possible options.

For more details read the full version of the court judgment:

Drzyzaga v Nominal Defendant [2012] QDC 323

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