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Are you a truck driver in Queensland who has been injured in an accident due to the negligence of another driver or your employer? If so, you may be entitled to claim for compensation.
At Murphy’s Law, our experienced truck accident lawyers provide qualified legal advice so you can better understand your rights and make informed decisions. Access complimentary, obligation-free initial advice and avoid up-front expenses when pursuing a claim with our no-win, no-fee legal services. This means we don’t get paid unless you do.
We can assist with truck accidents that have occurred anywhere in Queensland, including Brisbane, Gold Coast, Sunshine Coast, Toowoomba, Townsville, and Cairns. Ensuring you can access the legal guidance you need, we offer flexibility in consulting and can come to you or handle business over the phone, Zoom or online. Injured while working to load or unload a truck? We can assist with pursuing compensation for this too.
Strict time limits apply to making a claim – speak with our legal team today to learn more about your rights and begin your claim before it’s too late.
Successfully lodging a claim and securing compensation for a truck accident injury involves several steps. Many of these need to be addressed immediately following your accident or soon afterwards. Typically you should:
Making a truck accident injury claim is a complex legal process, so engaging professional help from a specialised lawyer in this field is recommended.
Your truck accident claims lawyer will review all your evidence and help you arrange additional proof of liability as needed. They will also file your claim with the relevant insurer of the at-fault party and engage with them in negotiating a fair financial settlement for your loss.
Should your case not be able to be settled through negotiation, your lawyer will also represent your interests in court as needed. As there are strict time limits on making a claim, it is vital that you seek out advice and pursue compensation as early as possible following your accident.
An injury compensation claim following a truck accident usually takes between 12 to 18 months to finalise and reach a settlement. However, this timeline can be longer or shorter depending on the complexity of your case and how your injuries are progressing.
Truck accident claims are a complex process and require a thorough assessment of your injuries and an examination of how much loss you have suffered due to the accident. Our truck accident lawyers will provide an estimated timeframe for when to expect a resolution and will keep you updated and supported throughout the claims process.
Following a truck accident, once the initial shock has subsided and you’re in a position to think about making a claim, you may find yourself wondering who pays out the compensation.
Typically, the CTP insurance company of the at-fault party is responsible for paying any awarded compensation for your injuries. If you were injured while working, in a single-vehicle accident, or cannot identify the at-fault party then it can be more complex.
In some cases, this may mean pursuing a claim through workers compensation or claiming against the Nominal Defendant as outlined in the Motor Accident Insurance Act 1994.
We understand there can be some confusion surrounding this and we are here to help. Simply call us to explain your situation in an obligation-free initial consultation and we can explore any avenues for compensation with you.
Where entitled to compensation following a truck accident there are several things that can be claimed, including but not limited to:
Exactly how much compensation you will receive depends on your age, your earning capacity, the severity of your injuries, and whether any injuries are permanent.
Our personal injury truck accident claim experts, led by Queensland Law Society Accredited Specialists, can help you understand your rights. Genuine and caring, we see you as an individual, not a claim number – always explaining everything in easy-to-understand terms and ensuring you know what to expect.
Understanding all relevant legislation in depth, we support you to prepare and obtain vital evidence integral to winning your case. Handling all aspects of your claim we work hard to secure you the maximum compensation for your losses.
If you’ve been in a truck accident, or are the loved one of a truck accident victim, you should seek expert legal advice as soon as possible. This is essential to protecting your rights and determining whether you are entitled to compensation.
Working on a no-win, no-fee basis for clients across Queensland, we offer complimentary, obligation-free initial advice for your case with no upfront costs for representation. You only pay us if we win. Starting your claim is easy. Simply speak with us over the phone or we can arrange to meet you at a time and place of your choosing.
Award-winning and backed by a host of five-star Google reviews and online testimonials, we’re the team you can trust to secure the compensation you deserve.
A study by Monash University, performed over a 12-year period and examining over 120,000 truck crash insurance claims, found that commercial truck drivers have one of the most dangerous jobs in the world. This is not just due to road accidents, but also due to working conditions.
The study showed that truck drivers often suffered injuries relating to slips, trips, falls, traffic accidents, and musculoskeletal injuries, among others. Many of these are related to sedentary work, poor work hours, shift work, and fatigue.
When involved in road accidents, common injuries experienced by truck drivers and passengers include:
When not behind the wheel, truck drivers are also at risk of injury when loading or unloading a truck, or when performing maintenance on their truck. The claims process for people injured in a trucking accident while working is to claim through WorkCover via your employer. You can speak to a personal injury lawyer about how to claim through the workers
compensation scheme.
Truck accidents have a number of causes with driver fatigue playing a large role in many of these. Other common causes of truck accidents include:
As indicated, truck accidents are frequently caused by the negligence of others and see truck drivers suffering serious and permanent injury as a result. A specialised truck accident lawyer can assist you in securing compensation for these not-at-fault accidents.
The following are types of trucking accidents that have commonly resulted in injuries:
Along with third-party negligence, other contributors to truck accidents include driver fatigue, distracted driving, and improper truck maintenance.
Queensland has several major highways, freeways and motorways. which frequently see a high incidence of truck accidents. These include:
Truck drivers sometimes work in difficult conditions, which sometimes contributes to habits like speeding or skipping rest breaks to meet deadlines. If an accident happens, such negligent behaviour may result in you being deemed responsible for the accident. This means you cannot claim for compensation.
However, you may be able to argue against this so long as you can demonstrate that other factors at play forced you to take the action that contributed to your accident.
For example, you’re under a lot of pressure from an employer to meet a delivery deadline and told to skip any rest breaks, leading you to fall asleep at the wheel. While you remain responsible for any accident that occurs due to this, your employer may be potentially held liable as their actions directed you to engage in unsafe behaviour.
Our accident lawyers can help with your truck accident compensation claim - even where you believe you may have contributed to the accident. Speak to our law firm today about claiming compensation.
Yes, you can. Injuries while unloading a truck, whether it is a tractor-trailer full of hay, or an independent contractor unloading pallets, are all too common.
You can make a claim for compensation through your employer - but it is best to speak to a personal injury lawyer first for guidance on how to proceed.
When someone is killed in a truck accident it is obviously an extremely traumatic time for the loved ones of the deceased. On top of this, you may also be faced with the loss of a primary source of income for your family. As a result, following a fatal road accident, you are eligible to make a wrongful death claim, which can cover things like medical and funeral expenses, as well as the loss of an anticipated share of the deceased’s income or the loss of household chores or other home services or personal care.
If a family member, or other person in a close relationship with the deceased develops their own psychological injury or condition, then they might be able to bring their own personal claim too for any losses they suffer (such as lost earnings, medical costs and so on).
Our truck accident lawyers can help you make a claim for wrongful death, as well as for nervous shock (which is a claim for psychiatric injury suffered after the death of a relative or loved one).
If you were injured while working as a truck driver, you may be eligible for workers compensation. This type of compensation covers medical expenses, lost wages, and other expenses related to your injuries.
A claim through WorkCover Queensland or your employer's workers compensation insurance should be possible regardless of who was at fault.
Further compensation may be available to you through a legal claim if the negligence of another party, such as an employer or other person, caused or contributed to the accident and/or injuries. Should another driver be the cause of the accident, claiming against their CTP insurance policy may also be possible.
A truck driver who has been involved in an accident should not be dismissed unless there is a proper reason to do so (for example, if the truck driver was wilfully negligent, or if their conduct breached the conditions of their employment). It is best to speak to a lawyer who specialises in employee relations if your matter relates to potential unfair dismissal.
Trucks are statistically involved in more motor vehicle accidents largely because there are simply so many trucks on Australian roads at any one time. Truck drivers travel thousands of kilometres each year and are often under stressful and unsafe working conditions.
As a result, truck accidents are all too common, something highlighted in a recent study that indicated that both truck accidents and truck driver fatalities are on the rise.
No matter the size of the truck accident you are involved in, you may be entitled to compensation for any loss or damages that occurs as a result. Remember, it is not about the size of the accident, but the impact it has on your life.
At Murphy’s Law, our truck accident lawyers treat every case with the same level of importance, regardless of how big or small the initial incident may have been.
Proving negligence relies on gathering a variety of evidence to support your claim. This may include things such as photos of the accident scene and any damage, as well as witness statements, police reports, and more.
As your trusted truck accident lawyers, we will help you organise any evidence you have and to obtain any additional evidence needed to support your claim.
In the majority of cases, truck accident claims are settled through a legally mandated negotiation process – meaning you will not need to go to court.
Court proceedings are a last resort and will generally only occur when a settlement agreement cannot be reached through negotiation. Your lawyer will do their best to avoid going to court while ensuring your interests are protected and a fair settlement is reached.
Yes, you may still be able to pursue a compensation claim even if you do not have the registration details of the at-fault vehicle. If you know any details such as the car make, model or colour, it is recommended you use these when lodging a report with the police to support your claim. Gathering any witness statements is also advisable.
Should the at-fault party not be identifiable, a legal body called the ‘Nominal Defendant’ may act as the CTP insurer. However, claiming against this body involves strict time limits and conditions, so quick action and engagement of a legal professional are strongly recommended.
