Motorbike Accidents - Henry Carus + Associates

Motorbike Accident Lawyers

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 motorbikes 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 constructed or maintained

Click For Legal Help Now

WHY CHOOSE HENRY CARUS + ASSOCIATES?

No win, no fee 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.

A 90-day satisfaction guarantee 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.

Experience where it matters 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.

MOTORBIKE ACCIDENTS IN MELBOURNE

Many motorcyclists enjoy the freedom and exhilaration that come from riding a motorbike on Victoria’s scenic roads. Some also appreciate the convenience and economy of riding a motorbike on their daily commutes on the freeways, highways, and streets of Victoria’s cities and regions, including Melbourne and its suburbs.

People who ride motorbikes 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 results are often devastating when a motorbike is involved in a collision with a car, truck or other large vehicle. In 2013 in Victoria, 41 motorcyclists and motorbike passengers lost their lives in road crashes, according to Transport Accident Commission (TAC) stastistics. These motorbike fatalities accounted for 17% 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 do 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 and paralysis
Internal injuries and hemorrhage
Severe bone fractures

Motorbike 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 motorbike or make a right-hand turn into the path of an oncoming motorbike.

TAC statistics show these are among the most common types of serious motorbike accidents in Victoria:

Crashes at intersections
Head-on or overtaking crashes
Crashes in which both the motorbike and the other vehicle were traveling the same direction
Single-vehicle accidents

CLAIMS WITH THE TAC FOR MOTORBIKE ACCIDENTS

The TAC is a Victorian Government-owned organisation set up to assist people injured in transport accidents, including those involving motorbikes, as well as to promote road safety and improve Victoria’s trauma system.

If you’ve been hurt while riding a motorbike – either as the driver or a passenger – in Victoria, you are entitled to certain benefits from the TAC regardless of fault.

No fault benefits may include:

Lump sum benefits for permanent impairments caused by a motorbike accident
Replacement wages if you are unable to work while recovering from your motorbike accident injuries
Payment of reasonable medical expenses related to treatment of your injuries and rehabilitation costs
Payment for in-home assistance that you require because of the injuries suffered in the accident

It is common for motorcyclists to suffer serious injuries in accidents. If your injuries meet the law’s definition of “serious” – and someone else’s fault played a role 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 MOTORBIKE ACCIDENT

Your health and safety should be your first concern after a motorbike 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 hemorrhage may not be immediately apparent.

The hospital or other medical provider that treats you will likely seek payment from the TAC. However, most motorbike 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 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 motorbike 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.

Get free legal advice

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.

RECENT SUCCESS STORIES

David was a motorcyclist injured in Queensland. He was riding his Victorian registered motorcycle when a car turned right and struck him on the side. He suffered extensive injuries to his right lower leg and fought hard to save the lower leg from being amputated. David worked in his family business as a caretaker and…

David Angelo

Read Success Story

In the evening of New Years Eve 2005, Lee was driving with his wife Karen and their eight year old daughter when a car failed to give way entering a roundabout and crashed into their vehicle. Lee’s vehicle rolled onto its side and Karen died tragically at the scene of the accident. Lee suffered both…

Lee Morris

Read Success Story

Fang was an overseas student. On the way to school one morning she took a tram to the Arts Centre tram stop. She exited the tram and crossed over to head towards the sidewalk. As she did so she did not see a tram to her left and was struck down, suffering serious physical injuries…

Fang Yu

Read Success Story

TAC / Road Accidents