If you’ve suffered an injury while cycling due to the negligence of a motorist such as a car, ute, truck or bus then you may be entitled to a bicycle accident compensation claim.
Every year around 12,000 Australian cyclists are hospitalised due to injuries from a crash. Close to 60% of these occur on the road.
As cyclists are so vulnerable on the road, getting hit by a car or vehicle while riding has the potential to cause serious injury. While hospitalisation for car accidents has been falling in recent decades, the number of hospitalisations among bicycle riders has been rising.
The consequences of a cycling accident are usually multiple and varied: damage to your bicycle, lost or damaged apparel and equipment, lost wages and mounting medical costs. If any of these situations apply to you it’s important you access the most appropriate insurance avenue available. Many insurers under-value those losses. To be able to recover your losses in full it’s critical to use an effective strategy and secure the best evidence. At Murphy’s Law: Accident Lawyers we have the experience and know-how to employ the best tactics to ensure your losses are fully recovered. We work tirelessly until the most economically viable outcome is secured. And we keep it simple for you: by looking after the administrative processes and gathering the necessary evidence. Call now to find out how we can help.
* Insurance options – can include polices through your membership in a cycling club or association or personally through your superannuation, TPD Insurance, income protection insurance, trauma insurance, private health insurance, travel insurance or otherwise.
Common questions about cycling injury claims
What are the most common causes of bicycle accidents?
Common causes for accidents involving cyclists on the road include:
- Impact from a motor vehicle who failed to see them (vehicles turning into the path of a cyclist is common as junctions)
- Injury caused by a motor vehicle that failed to provide sufficient passing space (forced into curb for example)
- Injuries caused by car doors being opened by vehicle occupants who failed to check their surroundings
There are of cause many factors including those the rider may have contributed to such as:
- Failing to follow traffic rules (e.g. going through a red light)
- Riding at an unsafe speed for the conditions
- Pulling out into the path of other road users
- Lack of cycling lights while riding at night
What are common cycling injuries
Common cycling injuries include;
- Neck, head and dental fractures
- Concussion and brain injuries
- Fractured wrists and arms
- Rib fractures
- Knee injuries
- Pelvic fractures
- Skin and soft tissue lacerations and contusions
Around 6 in 10 hospitalised cyclists are due to fractures, mainly to upper limbs as well as neck and head injuries.
Hit by a car while riding my bike – What should I do?
If it was a hit and run incident then you should:
- Call the police immediately
If you are in a position to do so (await medical attention if it’s painful to move) then you should:
- Make a note of the vehicle’s registration number along with make and model.
- Exchange details with the vehicle driver who hit you including name, address and driver’s licence number. Get a photo of the drivers licence if possible and one with the driver in view.
- Take photos of the scene from various angles if safe to do so. You could ask someone else to do this.
- Ask any witnesses for their contact details so they can provide statements
- If it was a hit and run incident then note down any details you or witnesses can remember about the vehicle. Where the vehicle registration is not known or they were driving an unregistered vehicle, you can still be entitled to claim for injury compensation. The time limits to make a claim are much shorter though so you should seek legal advice as soon as possible.
Get advice today: Call our Brisbane cycling accident lawyers on 1800 094 603 or request a call back.
How long do I have to claim for cycling accident compensation?
Strict time limits apply. Typically a claim needs to be underway within 3 years of the incident. However, there are circumstances where this is much shorter. To avoid missing out on time limits and ensure the best evidence can be gathered, it is recommended that you seek legal advice on your rights as soon as possible.
Who pays for the cycling accident compensation claim?
If the accident was caused by a motor vehicle accident then the injury claim works the same way as a regular motor vehicle accident compensation claim, the claim is covered by the CTP (compulsory third party) insurance that all drivers have as part of their registration. In the event that the at-fault driver is unknown or unregistered then the Queensland government has a safety-net known as the ‘nominal defendant’.
What compensation can I claim as an injured cyclist?
If you are eligible for a cycling accident injury claim then the lump-sum compensation may compensate for:
- Loss of earnings – this includes earnings already lost due to the injury and predicted future loss of earnings.
- Loss of superannuation
- Medical costs such as specialist appointments and surgery
- Physical rehabilitation such as physio, remedial massage
- Pain and suffering
Our Brisbane based bike accident compensation lawyers can provide free initial advice on your rights. You can try our legal services for 30-days under our ‘Claim Safe’ promise and all claims are run on a ‘no win, no fee’ basis. This means no upfront costs and no legal fees unless you are successful.
Check your rights: Have a free and no-obligation chat with our Brisbane bicycle accident lawyers. Call now on 1800 094 603 or request a call back.