Tom's Bicycle Accident & Compensation Case
The Claimant
Tom, a 45-year-old part-time retail worker was significantly injured while riding his bike home from work. Before the accident, Tom was a fit and healthy man that enjoyed hiking and cycling.
The Incident
In early 2022, Tom was riding home from work when he entered a roundabout and was struck by a car, knocking him off his bike. As a result of the bicycle/car accident, Tom sustained severe injuries to his lower back, neck, and left knee. He was unable to stand or walk immediately after the accident and was conveyed by ambulance to the closest hospital for treatment.
He remained incapacitated to work for around 6 months and when he returned, he was placed on light duties for approximately four months. However, he was struggling at work due to ongoing back pain and eventually Tom resigned from his role. The ongoing difficulties relating to his motor accident injuries meant he was unable to continue his role in retail and had suffered a financial loss as a result.
Determining Fault and Liability in Bicycle-Car Collisions
Establishing who is at fault in a bicycle accident with a car is essential for your compensation claim. Police reports, accident scene evidence, and witness statements are used to determine fault. NSW law considers whether each party followed road rules and took reasonable care.
If both the cyclist and car driver contributed to the accident, compensation may still be available, but the amount could be reduced. For example, if a cyclist was not using lights at night, but the car driver failed to give way, both may share liability.
Our Approach
This particular case was relatively straightforward. Liability in this case was not contested and the CTP insurer accepted that their insured driver was at fault.
After being told that his statutory benefits claim was accepted, Tom sought legal advice about pursuing a claim for common law damages (compensation). Our team at Burke Mead Lawyers was able to help Tom navigate this process, which can be difficult and overwhelming for many people (especially while recovering).
As a result, Tom received a six-figure settlement that included lost wages, superannuation, and compensation for pain and suffering, plus lifetime coverage for accident-related medical expenses.
Need Help Navigating a Bicycle Accident Claim?
If you have been involved in a bicycle accident and are unsure if you’re entitled to compensation, read our Guide to Bicycle Compensation Claims.
The Role of Personal Injury Lawyers
An experienced personal injury lawyer can make a significant difference to your motor vehicle accident claim and how much of your personal injury benefits you receive.
We can gather and present evidence, negotiate with insurance companies, handle paperwork, meet deadlines, and represent you in court proceedings if required. Our team includes an Accredited Specialist in Personal Injury Law with a proven track record of successful claims. We take a compassionate, client-focused approach—contact our team today.
*name changed for anonymity
