Time is of the essence if you have been injured in a bike accident arising from the driving of a motor vehicle or other accepted events that involve a vehicle. Along with seeking medical attention as soon as possible, you should take steps to preserve your entitlement to compensation through the TAC and any other applicable compensation schemes.
A bike accident injury lawyer can discuss the steps you should take and provide sound advice for lodging a claim. Henry Carus + Associates has unsurpassed experience with TAC legislation and all types of road accident claims, including those involving cycling accidents.
If you were injured in a bike accident, call 03 9001 1318 today for a free, no-obligation consultation. Our lawyers serve clients in Melbourne and throughout VIC.
Steps to Take If You Are Injured in a Bike Accident
The injuries from a bicycle accident can vary in their seriousness. While some may be treated with first aid, others may involve severe injuries that require you to be taken to hospital and undergo significant medical intervention.
Last year, the TAC received a total of 350 claims from cyclists who required hospitalisation following a transport accident. Nearly 10% of these claims involved hospital stays lasting longer than 14 days.
Cyclists are extremely vulnerable in the event of a road accident. If you are injured by a vehicle while riding your bike, the steps you should take include:
1. Get Medical Care Immediately
Your health and safety should be your top priority. Call 000 for medical help immediately if you are injured, or ask someone nearby to do so.
2. Stay Calm and Move to Safety (If Possible)
Try to stay calm and move out of the way of traffic or other potential dangers to avoid further injuries.
3. Call the Police
Section 61 of the Road Safety Act 1986 requires that any road accident resulting in injury be reported to the police promptly. The police will investigate the accident scene, collect information from the parties involved, and prepare an official accident report. You can apply for a copy of the traffic accident report on the Victoria Police website.
4. Gather Information
Collect the following information from the driver of the vehicle and any other parties involved in the accident:
- Phone number
- Driver’s licence number
- Vehicle registration
- Insurance information
If anyone witnessed the accident, get their contact information and ask them to describe what they saw.
5. Document the Scene
If possible, take photos of the accident scene, your injuries, and any damage to your bicycle or other property. This documentation can help to establish the cause of the accident and any legal options you may have.
6. Don’t Admit Fault
Avoid discussing fault or blame with the other parties involved, the police, or witnesses. Stick to the facts when recounting what happened.
7. Lodge a Claim with the TAC
You can lodge a claim with the TAC online or by phone (1300 654 329). The hospital may also be able to lodge a claim on your behalf.
In addition to the details discussed above, you will need to provide information on the date, location, and circumstances of the accident. You will also be asked for:
- The names of any medical practitioners who have treated your injuries
- Details about your employment and income, if your injuries leave you unable to work for more than 5 days
- Your banking information, so benefits can be deposited
Read More: When Do Cyclists Have a Road Accident Claim?
Please note that you have just 1 year from the date of the accident to make a claim with the TAC.
8. Keep Detailed Records
It is important to stay organised following any transport accident. If you were injured in a bike accident, hang on to all medical records, a copy of the police report, communications with your employer, and any other documents that may apply to your claim.
9. Preserve Any Evidence
In addition to saving any photographs you took at the scene, it is also important to preserve any physical evidence from the accident. This includes your damaged bicycle, the clothing you were wearing at the time, and any other items.
10. Seek Legal Advice
Every bike accident is unique. As such, it is crucial to seek advice from a qualified lawyer who specialises in personal injury and road accident claims. Such experience may prove essential for maximising your compensation.
Anyone injured in a transport accident in VIC is entitled to benefits such as medical expenses and supports, income support, etc. If the accident (a) was not your fault and (b) you suffered a serious injury, you may also be entitled to additional compensation known as common law damages. An experienced lawyer can identify any and all options you have for recovery.
What If I Wasn’t Injured by a Vehicle?
While the majority of bike accidents involve motor vehicles, these are not the only incidents that can injure a cyclist.
If your injury wasn’t caused by a motor vehicle, you may have recourse to another compensation scheme. For example, you may be able to make a WorkCover claim if you were injured while riding your bike for your job.
Cyclists may also have a public liability claim if the negligence of a private property owner or local council caused the accident. It is important to take into account the condition of the road or bike lane, signage warning of potential hazards, etc.
Injured in a Bike Accident? Our Lawyers Can Help!
Henry Carus + Associates is the most experienced TAC accident law firm in Victoria. We have represented injured cyclists, motorists, and pedestrians, achieving a 98% win rate. Our goal is to maximise your compensation so you have the confidence and resources necessary to move on with your life.
Our firm offers a unique Medical + Like Services Guarantee. We pledge to resolve benefits disputes without delay and at no cost to you—whether you are a current or previous client, or a newcomer.