Ute driver collides with trail bike rider – Their rights to compensation
Contact your local team for a free consultation to find out if you are eligible for compensation
July 24, 2018
Last Thursday, the Sydney Morning Herald reported on a collision between a trail bike and a motor vehicle and its aftermath.
The rider of one of the trail bikes was killed in the collision and the rider of his friend riding another trail bike is said to have assaulted the driver and stolen his ute before returning to the scene and further assaulting the driver. The story suggests the driver of the ute suffered head and facial injuries and was taken to Hospital.
Does the ute driver have any rights to claim compensation under the government’s new Motor Accident Injuries Act?
If the ute driver was the ‘innocent’ driver, that is the driver who was not negligent and did not cause the accident and he sustained injuries in the original collision, then he is probably entitled to statutory benefits (compensation) associated with those injuries including treatment and income support (if he was still working and not retired). However, he would probably not be entitled to compensation for the injuries sustained in the assault because the assault is an independent action which breaks the chain of causation between accident and injury.
If the ute driver was the at fault driver of the original accident and is charged by the police with a culpable driving offence, then s 3.37 of the Motor Accident Injuries Act prevents him from recovering any statutory benefits (compensation) unless he is subsequently acquitted or the police discontinue proceedings brought against him.
If you or somebody you care about has been involved in an accident, you may be entitled to compensation. For more information, and to arrange a free, no obligation assessment of your claim, please call Stacks Goudkamp on 1800 251 800 or alternatively make an online enquiry.
For more information about the incident discussed in this blog, please click here.
I could write a book as to how the last 4 years would have been different if not for Tom and his team.
The support, assistance, advice from the first conversation till even after the settlement was second to none from the team at Stacks Goudkamp.
Four years on and after many downs, my children and I have our lives back.
We are unable to THANK YOU enough, but know that you have changed our lives for the better in so many ways since the accident.