If you have been injured when cycling, whether on the roads or the footpath, you may be eligible to claim compensation for your losses.
Injuring yourself whilst riding your bike can severely impact your quality of life, leading to excess medical expenses and time off work. It’s important to be aware of your legal rights following an incident. A successful claim will provide financial security during your recovery – allowing you to focus on what’s important – getting better.
What types of cycling accidents are compensable?
If or when injury does occur and you are seeking compensation, the main factor for claim eligibility is that someone or something else was at fault for your accident.
As an example, the following cycling accidents could be compensable in Queensland:
• Motor vehicle collisions Cycling accidents that occur at the fault of another vehicle can happen when being ‘car-doored’ (when the driver of a vehicle opens their car door in the way of the rider, causing a collision), through negligent motor vehicle driving or from a vehicle failing to give way. In these cases, the claim will be made against the insurer of the vehicle at fault.
• Defective roads or footpaths If your accident occurred on the road or footpath due to improper road design or maintenance, the council in charge could be held liable for wrongdoing. This will fall into the ‘public liability’ category.
Public liability cases can be particularly difficult to navigate as there are many elements involved. For a start, there’s the inclusion of the ‘reasonable care’ expectation, as well the burden of proving council negligence. You can read more about public footpath injuries and what must be proven here.
• Faulty bicycles Cycling accidents can also occur as a result of a faulty bicycle. In these cases, the claim will fall under the product liability sector. Product liability claims will be made against the manufacturer or distributor of the bike, where it must be proven that they provided an unsafe product to you. You can read more about faulty product injuries here.
Further, if you are injured on your way to or from work, or your lunch break, you may be eligible to receive Workers Compensation.
What can you claim?
You may be able to claim for medical and hospital expenses, treatment costs, loss of income, pain and suffering and any help you needed at home.
What to do if you have been injured while cycling Serious injuries can leave lasting impressions on your livelihood. You should not have to suffer further through monetary stress on top of dealing with your injuries. It’s important to receive the best legal advice, so you can receive exactly what you are entitled to as promptly as possible- and we are here to help you.
Personal Injury Lawyers for Cycling Accidents in Toowoomba, Roma and Brisbane, Queensland
Prompt action to receive credible legal advice is most important to ensure you can continue through life as comfortably as possible. For more information about our specialised Personal Injury lawyers, please follow the link below.