Melbourne Bicycle Accident Lawyers
As the bike revolution continues to gather momentum, we are seeing more and more riders on the roads. And while this is great for the health of our country, the downside is we are seeing many more accidents, especially involving collisions with cars.
At Henry Carus + Associates we will be guided by TAC regulation whenever an accident involves a motor vehicle, and use our expertise to guide an injured cyclist in getting appropriate benefits and common law compensation. In recent years, there has been increasing evidence to suggest that there is a greater likelihood of a cyclist being injured due to the poor condition of the roadway – which usually means the relevant road authority or its contractors will be liable. This takes the cyclist into the world of public liability where the experience of Henry Carus + Associates excels.
If the incident involves another bicyclist, then we will investigate the liability of the other cyclist involved, and ascertain if appropriate insurance is available to assist our client.
Why Choose Henry Carus + Associates for Your Bicycle Accident Claim?
Our compensation results speak for themselves with 98% of our clients winning their cases. In some instances we have been able to get them five times more than their original offer.
We’re not like the larger corporate law firms who have separate departments which tend to focus on one area of compensation law. At Henry Carus + Associates, our nimble team has experience in pursuing a huge range of claims relating to bicycle accidents, and can turn to relevant laws to assist – whether it be TAC or public liability. We add one more essential element to this team, a total understanding of what it means to be bike rider. Our Henry Carus is a keen cyclist, having ridden his bike on the road for work, travel, sport and in support of bicycling organizations such as the Amy Gillett Foundation. That in depth knowledge is there to assist each of our clients injured in a bicycling accident.
Which means exactly what is says. Unless your claim is a success, you won’t be charged a cent. And that includes no upfront costs, or ongoing bills to pay.
Cycling Accidents Becoming More Common
Bicycles have flourished on Australian and Victorian roads in recent years. For example, the number of commutes made by bicycle in the Greater Melbourne area more than doubled during the two decades prior to 2011, according to a report from Monash University.
In 2008, a study by Melbourne City Council found that cyclists made up 9% of commuters in the city, according to The Age . That figure jumped to 15% in 2014, and cyclists reportedly take an even bigger share on some routes, such as Royal Parade and St Kilda Road.
Cycling’s surge in popularity has plenty of positive effects, such as environmental benefits from reduced petrol consumption and less pollution, health benefits for riders, and less motor vehicle traffic clogging Victorian roads. But there is also a dark side. More bicycles on the road mean more cyclists suffer serious injuries in accidents.
Statistics gathered by The Age highlight the injury risks that cyclists face on the road in Victoria. For example, 1,471 cyclists were seriously injured in accidents between July 2012 and July 2013. Of those accidents, 88% involved a collision with a motor vehicle, while 18 percent involved a collision with a pedestrian. The TAC received 387 claims for hospitalised bicycle accident victims in 2013 alone.
Urban bicycle accidents are said to most frequently involve turns at intersections – often when a driver turns into the path of a cyclist – while rural crashes often involve a motor vehicle striking a cyclist from behind. A study from Adelaide University found that motorists are at fault in 80% of collisions between motor vehicles and bicycles.
How Our Lawyers Help With Cycling Accident Claims
When a car, truck, or other motor vehicle collides with a bicycle, the cyclist frequently suffers serious injuries. Many injured cyclists face a long period of recovery and may be unable to work for an extended period. Some victims of bicycle accidents suffer permanent impairments that prevent them from returning to the life they enjoyed before the tragic incident.
Henry Carus + Associates
At Henry Carus + Associates, our lawyers call on our experience and familiarity with the legal system to recover the full benefits an injured cyclist deserves from all available sources. We understand the legislation that is designed to provide compensation for injured cyclists. We also understand that the system is difficult to navigate without detailed legal knowledge.
That’s where our lawyers can help. We have a success rate that exceeds 98% when it comes to helping injured people in Victoria recover the benefits they need after an accident. Some of our clients recover up to five times more than the initial offer with the help of Henry Carus + Associates.
What You Should Know About Cycling Claims
Cyclists who are hurt in collisions with motor vehicles in Victoria are entitled to benefits from the TAC, regardless of who was at fault.
No fault benefits may include:
- Reasonable medical expenses to treat injuries suffered in the accident
- Reasonable rehabilitation costs related to the injuries from the accident
- Lost earnings caused by the inability to work while recovering from your injuries
- In-home assistance made necessary by your injuries
No fault benefits may also include payment of a lump sum if your bicycle accident injuries resulted in permanent impairment.
If the accident was due at least partly to someone else’s fault, and your injuries meet the legal definition of “serious,” you may be entitled to bring a common law claim for additional lump-sum benefits. These may include:
Replacement of lost or reduced earnings, both past and future
Compensation for the pain and suffering you endured as a result of the accident
Common law claims often provide an accident victim with quite a bit more money than what is available in a no fault claim. The total sum may be affected by factors such as your income, your age and the severity of your injuries.
A public liability claim may be another option for recovering compensation after a bicycle accident in Victoria. For example, if a road defect or substandard highway maintenance played a role in the crash, the road authority and its contractors could be held liable in a public liability claim.