Truck Accident Lawyers in Melbourne
Alarmingly the news of Australians being killed in truck accidents in Melbourne is becoming more frequent. Given the disparate weight of a HGV compared to a car this is hardly surprising. If you’re dealing with a truck accident that has harmed you or your family our truck accident lawyers can help you get the most out of your TAC claim. You truly deserve more.
Like any other motor accident claim, the most important aspect in a truck accident claim revolves around evidence and damages occurred.
In particular, analysis of the truck’s tachograph will go a long way to putting together the actual events that occurred before and after the incident.
At Henry Carus + Associates, gathering as many details and putting together actual events is always a key focus for us, as it allows us to create an accurate picture your accident, which can then be used in your lodged claim as evidence to support your compensation retrieved.
Add to this the evidence we will seek to obtain from accident witnesses, as well as an independent analysis of physical injuries from a general practitioner, and we are well placed to get you the positive result you are looking for. We truly believe YOU DESERVE MORE.
Nicholas had a passion for restoring old vintage cars – a past time he had enjoyed with his brother since his younger days. It was therefore not surprising that a large part of his working career included employment as a truck driver. He particularly loved working on cars from the pre-war era, such as an old 1929 Chevrolet he and his brother had purchased from a friend.
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Why Choose Our Truck Accident Solicitors to Help You Lodge a Truck Accident Claim?
Commercial Truck Accidents in Victoria
Even though deadly accidents involving commercial trucks have declined slightly in recent years, motorists in Victoria and across Australia still face a significant threat from vehicles like trucks, semi-trailers, B-doubles and even road trains. In 2014, 220 people lost their lives in crashes involving heavy vehicles in Australia, according to an official federal government report.
Despite fewer deaths in semi-truck vehicle accidents, more motorists are suffering injuries that require hospital treatment. In fact, more than 1,500 Australian motorists per year are hospitalised for injuries suffered in collisions with heavy semi-truck vehicles, according to the report. Our plea is that if you’ve been injured by one of these dangerously large vehicles we can help you get the maximum compensation.
What Makes Truck Accident Claims Different from Car Accident Claims?
Simple physics is main reason for this. An average passenger car weighs about 1,500 kilograms, whereas some fully loaded heavy vehicles may weigh more than 60,000 kilograms (60 tonnes), according to VicRoads.
Heavy trucks handle very differently from cars and require much more distance to stop, making collisions far likelier. When a heavy vehicle collides with a car, ute, or other smaller vehicle, the occupants of the smaller vehicle are likely to suffer far more serious injuries due to the weight and size of the truck combined with the speed.
Driver fatigue is another factor that is of particular concern in heavy commercial vehicle accidents. Truckers, particularly long-haul drivers, spend many hours on the road each day and are often under tremendous pressure from their employers to make deliveries on time. This can lead drivers to lose focus behind the wheel or even fall asleep. Some truck drivers turn to illegal drugs or abuse legal medications to stay awake while driving. The quicker they can get to deliveries, the more deliveries they can do in a short space of time which turns into more profits for the corporations hiring these truckers.
In addition to fatigue, other common causes of truck accidents include:
- Driver distraction
- Driver inexperience
- Following too closely
- Defective or improperly maintained equipment
- Dangerous overtaking or other maneuvers
- Improperly loaded or secured cargo
What Is the process to a lodge a successful truck collision claim in Victoria?
In general, the truck accident claim process is similar to the process for recovering compensation for injuries suffered in a car accident in Victoria. The TAC works about the same. Injured accident victims are often taken to the hospital for treatment after police and medical arrive on scene, and the treating hospital will typically submit a claim to the TAC (Transport Accident Commission) for payment for its medical services.
As with car accidents, victims of truck accidents are frequently entitled to additional benefits from the TAC, but they are often unaware of them or lack the information necessary to pursue a claim. That’s when a skilled truck accident lawyer can help.
If the truck driver or another party was at fault for the collision, the injured victim may be able to file a common law claim in addition to recovering no fault benefits from the TAC. An investigation into the accident may uncover several types of evidence that indicate fault on the part of the truck driver, the trucking company, or another responsible party.
One type of evidence frequently used in a truck accident claim comes from the tachograph found on many heavy vehicles.
Information from the device may be very valuable in establishing that the trucker did something careless to cause the accident.
What Damages Are Covered in a Truck Accident Claim?
No fault benefits available from the TAC for a Victorian motor vehicle accident could include the following:
- 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.
Additional compensation may be available through a common law claim with the TAC if the injuries satisfy the legal definition of “serious.” Common law claims require a showing of fault on the part of another party and may result in significantly broader compensation than what is available in a no fault claim. This includes:
- Pain and suffering compensation
- Compensation for lost or reduced earnings – both past and future – caused by the injuries in the accident
The seriousness of the injuries, as well as the victim’s age and income, could affect the amount of money available in a common law claim.
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