Fatal Motor Vehicle Accident Compensation Case Studies
PASSENGER KILLED DUE TO MECHANICAL FAULTIN VEHICLE
In a truly horrific accident, our client’s life partner was killed on a freeway when the vehicle in which he was travelling as a passenger suffered a mechanical fault. The car veered off the freeway and into the breakdown lane. Unfortunately and tragically a refrigerated truck was parked in the breakdown lane. Our client’s partner was killed instantly when the vehicle slammed into the back of the refrigerated truck.
We brought a Compensation to Relatives action on behalf of our client and her two children against the CTP insurer of the vehicle on the basis that the driver was negligent in failing to properly maintain his vehicle and in failing to take appropriate action to avoid the collision, after the mechanical fault occurred.
The CTP insurer admitted liability. The claim was ultimately settled for a significant sum.
FATAL BICYCLE ACCIDENT
Our client’s husband was riding his bicycle in a breakdown lane of the M4 Motorway in western Sydney when he was killed by a four-wheel drive vehicle which had swerved when the driver attempted to swat in insect which was annoying him.
Our client’s late husband was the sole breadwinner for our client and her two teenage children. He had also provided significant domestic services. The family was extremely close and did everything together.
Our client brought a loss of dependency claim for herself and her two teenage children. As part of our preparation we interviewed her late husband’s employer and established that he would have had a very promising career in IT, had the tragic accident not occurred.
After lengthy settlement negotiations the claim was finally settled for our client and her two children. This settlement was approved by the court.
Our client’s adult son was killed instantly when the motorcycle he was riding was struck by a car which had come onto the wrong side of the road. The insurer finally admitted liability, but only after the driver had admitted guilt in the proceedings brought against her by the police. The delay in the insurer admitting liability caused our client extra stress and anxiety.
Our client brought a claim for “nervous shock” for the psychiatric injuries she suffered because of the death of her son. She also made a claim for loss of dependency because her son had been assisting her to renovate and re-decorate her home, where he also lived.
The case had extra complications due to the fact that our client had already suffered from post-traumatic stress disorder during her time as a police officer and that she contracted breast cancer.
Despite these complications and difficulties both claims were successfully settled at a settlement conference with the insurer.
COMPANY DIRECTOR KILLED BY STREET SWEEPER
This was a very unusual and difficult claim
SU’s partner, a very high achieving director of a dance company, was killed late one night in an inner Sydney suburb by a street sweeper as she was crossing the road. There were no witnesses and the driver of the street sweeper was not charged with any driving offence.
SU made a claim for nervous shock and loss of financial dependency.
The insurer denied liability on the basis that there was no evidence that the driver did anything wrong.
The claim was litigated and was very satisfactorily settled, on a compromise basis, at a court ordered mediation
POSTAL WORKER KILLED ON MOTORBIKE
We acted for the dependents of Louise who was killed while riding her motor cycle to work in Wollongong by a P-plate driver who ran into the back of her motor cycle as Louise was attempting to make a right hand turn in the laneway of Australia Post, where she worked.
Liability was admitted and a successful compensation to relatives claim was made on behalf of her dependents, including her grandchildren.