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Motorcycle Accident Lawyers in Melbourne
We have had a long, successful history of dealing with motorcycle claims, and we bring to this area of the law a complete understanding of how motorcyclists operate differently to car drivers.
More specifically, we understand how road conditions have a large role to play in motorcycle accidents. We also understand that motorcycles operate differently to cars in response to unanticipated road conditions and the behaviour of other cars on the road.
We always use this knowledge to our advantage to ensure the best possible outcome for our clients.
The Henry Carus + Associates team specialises in three areas of motorcycle accident compensation. These include when a person is injured:
- While on a motorcycle, as a driver or passenger
- In a motorcycle accident of any type due to defective equipment
- In a motorcycle accident where the fault lies in the way the road has been designed, constructed or maintained
Why Choose Henry Carus + Associates for Your Motorcycle Accident Claim?
Which means we do not ask you to pay for our services until you win, and we do not ask for money for out of pocket expenses up front.
If you are not satisfied with our service within the first 90 days, our Legal Costs Satisfaction Guarantee means that you can ask us to stop working for you without paying us a cent.
Our Principal, Henry Carus started his career in New York City as a trial lawyer acting for both those who have been injured, as well as major insurance companies. Over the years he has successfully handled hundreds of motorcycle accident claims.
Motorcycle Accidents In Melbourne
Many motorcyclists enjoy the freedom and exhilaration that come from riding a motorcycle on Victoria’s scenic roads. Some also appreciate the convenience and economy of riding a motorcycle on their daily commutes on the freeways, highways, and streets of Victoria’s cities and regions, including Melbourne and its suburbs.
People who ride motorcycles also understand how exposed they are in the event of an accident.
An appreciation of this risk makes most cyclists very cautious when riding. Unfortunately, other motorists are not always as careful as they should be when sharing the road with motorcyclists. The TAC has in the past run strong advertising campaigns to bring a higher level of awareness to drivers, but sadly the awareness does not seem to remain over time.
The results are often devastating when a motorcycle is involved in a collision with a car, truck or other large vehicle. In 2018 in Victoria, 38 motorcyclists and motorcycle passengers lost their lives in road accidents, according to Transport Accident Commission (TAC) statistics. These motorcycle fatalities accounted for 18% of Victorian traffic fatalities that year, even though motorcycles make up less than 4% of vehicles registered in the state – and account for only about 1% of kilometres travelled.
These figures clearly show that motorcyclists face a greater risk of serious consequences in an accident than other motorists. Not only do motorcyclists face a greater risk of death, they are also more prone to serious injuries, including:
- Traumatic brain injuries
- Spinal cord injuries
- Paralysis
- Internal injuries such as haemorrhages
- Severe bone fractures
- Serious disfigurement by scarring or road burns
Motorcycle accidents happen in many different ways, though a common factor is other motorists’ failure to keep a proper lookout for motorcycles. This often causes other drivers to pull out in front of an oncoming motorcycle or make a right-hand turn into the path of an oncoming motorcycle. It motorcycle seems a motorcyclist is often more vulnerable when other cars are around them, as it makes it harder for motorists to see them.
TAC statistics show these are among the most common types of serious motorcycle accidents in Victoria:
- Crashes at intersections
- Head-on or overtaking crashes
- Crashes in which both the motorcycle and the other vehicle were traveling the same direction
- Single-vehicle accidents
Claims With The TAC For Motorcycle Accidents
The TAC is a Victorian Government-owned organisation set up to assist people injured in transport accidents (including those involving motorcycles) as well as to promote road safety and improve Victoria’s trauma system.
If you’ve been hurt while riding a motorcycle – either as the driver or a passenger – in Victoria, you are entitled to certain benefits from the TAC regardless of who’s fault it is.
No fault benefits may include:
- Lump-sum benefits if your accident-related injuries caused permanent impairment.
- Replacement of lost earnings caused by the inability to work while recovering from your injuries.
- Payment of reasonable medical expenses to treat injuries suffered in the accident.
- Payment of reasonable rehabilitation costs related to the injuries from the accident.
- Payment for in-home assistance made necessary by your injuries.
It is common for motorcyclists to suffer serious injuries in accidents. If your injuries meet the law’s definition of “serious” – and someone else is at fault in causing the crash – you may be entitled to file a common law claim with the TAC. This could result in additional compensation that is far broader than what is available through a no fault claim, such as:
Compensation for both past and future lost wages or reduced wages due to your injuries.
Compensation for the pain and suffering you experienced due to the accident and the injuries you suffered.
Common law claims are designed to help provide injured accident victims with money to make up the difference between what they stood to earn before they were injured in the accident and the diminished earnings opportunities they have now that they are injured. The victim’s age, the severity of the injuries, and the amount of lost earnings could all affect the amount of money available in a common law claim.
What To Do After a Motorcycle Accident
Your health and safety should be your first concern after a motorcycle accident in Victoria. Seek emergency medical treatment for your injuries. Even if you do not believe that your injuries are severe enough to warrant transport by ambulance for treatment, you should still get a thorough medical examination as soon as possible. Some serious injuries such as brain injuries and internal haemorrhages may not be immediately apparent.
The hospital or other medical provider that treats you will likely seek payment from the TAC. However, most motorcycle accident victims are entitled to additional benefits from the TAC. Many are unaware of the full range of entitlements available from the system.
Experienced legal assistance is necessary to ensure that you recover all of the compensation you deserve from the TAC, including any benefits that may be recoverable through a common law claim.
The lawyers at Henry Carus + Associates have a comprehensive understanding of the TAC system and the compensation that is provided under the legislation. In fact, firm Principal Henry Carus has provided legal advice to the TAC in an earlier stage of his legal career.
Our law firm uses our experience to achieve excellent outcomes for those injured in motorcycle accidents in Melbourne and throughout Victoria. We advocate for our clients so they can recover both the no fault benefits they deserve and can also obtain as much common law compensation as possible. Contact us today to find out how we can help you. Remember that we handle cases on a no win, no fee basis, which means that you pay us nothing unless we recover compensation for you.
