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Bicycle Injury Claims
Have you been injured in a bicycle accident? Our specialised and experienced team of personal injury lawyers are experts in bicycle accident compensation claims.
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BICYCLE INJURY CLAIMS
Riding bicycles, e-scooters and e-bikes is becoming increasingly popular and prevalent on the roads in New South Wales and throughout Australia.
However, more bicycles, e scooters and e bikes being ridden on our roads has led to a commensurate increase in the riders of these conveyancers being seriously injured by motor vehicles, namely cars, taxis, buses and trucks.
Unlike occupants of motor vehicles who are protected by air-bags, seatbelts etc, riders have virtually no protection. They are therefore extremely vulnerable to suffering serious injuries if struck by a motor vehicle. Inevitably, when a motor vehicle collides with a bicycle, an e scooter or e bike, the rider is separated from the conveyance and lands on a very hard surface, with force. Some riders are actually run over by the vehicles which have collided with them.
Fortunately, all motor vehicles in New South Wales are required to be covered by compulsory third part (CTP) insurance, also known as greenslip insurance. If by chance a motor vehicle involved in a collision with the cyclist does not have greenslip insurance cover the compensation claim is made against the Nominal Defendant, which is a fund to which all greenslip insurers contribute to ensure that injured riders don’t end up being uncompensated for their injuries and loss.
Therefore, all injured cyclists in New South Wales are entitled to claim compensation for bicycle accident by the greenslip insurers of the vehicles involved.
The various types of compensation to which injured cyclists are entitled varies according to the severity of the injuries sustained in the road accident.
For relatively minor injuries the greenslip insurer will probably only have to pay the injured bike rider’s medical expenses and loss of earnings for a limited period of time. This compensation is paid by way of statutory benefits which is a no fault scheme to provide early payment of medical expenses and loss of earnings to promote a swift and early recovery from injuries.
If however the injured rider was mostly at-fault the payment of medical expenses and loss of earnings will cease after a period of 6 months.
In addition to statutory benefits seriously injured cyclists who can prove that the accident was totally or partially the fault of the driver of the motor vehicle involved in the collision, may be entitled to receive common law damages for pain and suffering, loss of income and reduced working and earning capacity. Common law damages are paid by way of a single “once and for all”, tax-free lump sum.
If the rider of a bike is killed in a collision with the motor vehicle, his or her dependants (financially and/or personally) are entitled to receive compensation pursuant to the Compensation to Relatives legislation. This is a common law claim which is fault-based. In other words, the dependants must prove that the cyclist was killed as a result of the negligence/fault of the driver of the motor vehicle.
Compensation claims for injury or death can be complex and are almost always stressful. It is therefore prudent for the injured person, or his or her dependants, to consult an experienced and expert personal injury lawyer as soon after the accident as possible.
WHY CHOOSE STACKS GOUDKAMP TO BE YOUR BICYCLE INJURY LAWYER?
The excellent lawyers for motor vehicle accidents at Stacks Goudkamp have many years of experience in acting for injured bicycle and more recently e bike and e scooter riders. They are knowledgeable and compassionate and fight hard to ensure that their clients receive the compensation to which they are entitled.
If you, or someone you know, has been seriously injured in a bike accident you should contact Stacks Goudkamp without delay. We will take it from there.
At Stacks Goudkamp, we act for injured cyclists on a no win, no pay basis and we also pay all disbursements. For example, fees for medical and expert reports. If the bicycle compensation claim is successful the CTP/greenslip insurer will be obliged to pay most of our clients’ legal costs.
We encourage you to read examples of our successful bicycle compensation claims.
FREQUENTLY ASKED QUESTIONS
BICYCLE ACCIDENT COMPENSATION
Unfortunately, most riders who have been involved in a collision with a motor vehicle suffer serious injuries, including:
- Multiple fractures
- Traumatic brain injury
- Spinal injuries resulting in paralysis
- Soft tissue injuries to neck and back
- Psychological injuries, including post-traumatic stress disorder (PTSD), depression, anxiety, panic attacks, nightmares, and flashbacks
It is possible to represent yourself in your claim against the CTP/greenslip insurer against the owner or driver of the car which caused the accident. However, it is inadvisable for you to do so as compensation claims for injuries suffered in bike accidents can be complex and difficult, particularly if the greenslip/CTP insurer disputes liability and/or the extent of injuries and loss.
As the greenslip/CTP insurer is obliged to pay your legal expenses on the successful conclusion of your claim, it is a false economy for you to act for yourself. Furthermore, the greenslip/CTP insurer may well try to take advantage of your lack of experience and knowledge in this area of law to either deny your claim or to settle it for a minimal sum.
The greenslip/CTP insurer of the motor vehicle involved in the collision with your bike. Compensation is paid either by statutory benefits, ie payment of medical expenses and loss of earnings for a closed period, or a lump sum, once and for all, payment for common law damages.
Sadly, many riders of bicycles, e bikes and e scooters are injured by a car which fails to stop following the accident and cannot be identified.
In such cases, personal injury and compensation claims made against the Nominal Defendant under the nominal defendant scheme whereby all greenslip insurers pay into a fund to ensure that injured riders are not left uncompensated. The same applies if the motor vehicle involved in the motor vehicle accident, for some reason, failed to have greenslip insurance cover.
You should be aware that if you are injured by an unidentified motor vehicle it is extremely important for you, or your lawyer, to take immediate steps to try and identify the vehicle by publishing notices in local and national newspapers calling for witnesses to the accident to come forward. This is called due enquiry and search. Failure to conduct due enquiry and search in a timely fashion and before the trail goes cold could be fatal to your claim, regardless of the seriousness of your injuries.
Therefore, it is highly recommended that you consult an expert personal injury lawyer who will advise you of your legal rights and what needs to be done to protect them and to navigate the complex compensation process for you so that you can get on with your recovery.
Time limits apply in relation to lodging a claim for compensation, whether the claim is for statutory benefits and/or common law damages.
If your injuries are relatively serious with likely adverse long-term consequences, you should contact an experienced expert personal injury lawyer as soon as possible after the accident to ensure that you don’t miss any time limits and that you receive the correct advice in relation to your legal rights and your entitlement to be properly compensated for your injuries and loss.
The most common types of bike/cycling accidents are:
- Collision with a car, truck or bus (or tram).
- Collision with a door suddenly flung open by an occupant of a stationary motor vehicle, ie being doored.
MEET THE TEAM
Tom Goudkamp OAM
Chairman
Tom is an Accredited Specialist in Personal Injury Law. He has had over 40 years of experience successfully acting for seriously injured accident victims.
Karina Goodall
Principal
Karina joined Stacks Goudkamp in 2014. She manages one of the firm’s four practice groups
WHAT COMPENSATION AM I ENTITLED TO?
If you have been injured in a bicycle accident, it can have devastating impacts on your life and finances. You may be able to initially receive compensation through at least the payment of your medical expenses and wages.
You may also be entitled to receive compensation for the following:
The amount of compensation you will receive depends on many factors. These include:
- The types of injuries you have suffered
- The severity of your injuries
- Your age
- Your work situation
- Your home situation
- Your need for medical treatment
- Your overall expenses
Such as:
The Stacks Goudkamp way
We are dedicated and the leading No Win, No Fee personal injury lawyers in NSW. For over 40 years, Stacks Goudkamp has been helping injured Australians to receive the compensation they need and deserve.
We are dedicated and the leading No Win, No Fee personal injury lawyers in NSW. For
over 40 years, Stacks Goudkamp has been helping injured Australians to receive the
compensation they need and deserve.
Reach Out
Call or Email us to start the process and to receive expert legal advice for personal injury or compensation claims. Seek the professional support you deserve on (02) 4058 2715 or enquire online through our website.
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We are just a call or email away. Do not struggle with complex personal injury claims processes and in dealing with insurance companies on your own. We are here to listen and to help you to get the compensation you deserve.
Free Initial Consultation
We will not charge you for a comprehensive initial consultation where we will listen to your needs and provide you with free detailed advice. Compassion is what drives us. You can be sure that your questions will be answered.
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Here, we will explain the next steps and what it takes to achieve the best possible outcome.
No Win, No Fee
We will not require you to pay our legal fees, or any expenses (disbursements), unless we win your personal injury claim i.e you receive compensation. We know that being injured can result in terrible financial pressures.
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We pride ourselves on giving every injured Australian the peace of mind that we will look after them by acting on a no win no fee basis for their compensation claims.
CONTACT US
Contact your local team for a free consultation to find out if you are eligible for compensation
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.
