There is such a thing as a blameless motor accident?

It is when the accident is not caused by the fault of the owner or driver of any motor vehicle involved and not caused by the fault of any other person. It is very difficult to claim compensation if you are injured in a blameless motor vehicle accident.

For example: A two-year old was injured in a motor vehicle accident back in 2004. The child was a passenger in a vehicle driven by his father. The vehicle was struck by a van and the boy suffered catastrophic injuries.

The boy’s father was blameless. The driver of the van was pronounced dead at the scene, after suffering a cardiac arrest.

The reason it was ruled “Blameless” was because the judge ruled that the driver suffered cardiac arrhythmia before striking the vehicle, was unconscious at the time of the accident and therefore was not negligent.

Because of this ruling the injured boy was not entitled to compensation.

Because of this incident, legislation has now been amended to allow children to seek compensation where the driver is not at fault.

If you have been injured in a motor vehicle accident, it is important you are getting the right advice. Our expert team of lawyers is here to help. Emma Mead is an Accredited Specialist in Personal Injury law. Call us on 1300 292 700 or email office@burkemeadlawyers.com.au

Emma Mead

Emma Mead

Personal Injury Lawyer and Founder