Personal Injury Sustained Whilst Cycling
If you sustain an injury or loss caused by the actions of another person whilst cycling, you may be entitled to compensation. At A & E Legal we can assist.
Our experienced solicitors will engage on your behalf by submitting a claim with the Insurance Commission of Western Australia (ICWA) or another cyclist for the negligent driving/riding that caused the incident which gave rise to your injuries. Our solicitors will fight for your rights and entitlements in the area of motor vehicle injury compensation.
What types of claims exist?
Any action which constitutes negligence on the part of another person, for e.g.:
- where you have to swerve out for a car that pulls out in front of you;
- someone opening a car door with which you make contact or else have to swerve out for which results in you crashing, even if there was no contact;
- hitting an obstacle on the road or cycle path surface which should not have reasonably been there, for example a pothole which has not been repaired or marked off by a town council;
- colliding with another user of a cycle path, whether it be another cyclist or pedestrian.
If your accident was as a result of the negligent driving of a motor vehicle your claim will be against ICWA
Who can I claim from?
- if your accident was as a result of the negligent driving of a motor vehicle your claim will be against ICWA (The Insurance Commissioner of Western Australia);
- in all other circumstances public liability laws will cover you against the negligent actions of another person or institution.
What can I claim?
You can claim for all loss and damage suffered by you, i.e.:
- past and future loss of earnings;
- pain, suffering and loss of amenities of life;
- past and future medical expenses;
- hospitalisation expenses; and
- home assistance.
Can I claim for damages if the accident was partly my fault?
The accident will be deemed to be partially your fault if, you for example:
- cycle at night without adequate lighting and / or dark clothing;
- fail to keep a proper lookout or fail to avoid the collision with the exercise of reasonable care;
- fail to use proper hand signals;
So yes you can still claim but the amount of your claim will be reduced in accordance with your contributory negligence which is normally expressed as a percentage.
What should I do after an accident?
Immediately after you are in a position to do so:
- report the matter to the police;
- take photos of the scene;
- obtain the names and contact particulars of all witnesses to the incident.
- contact A & E Legal.
Are there time limits?
There are strict time limits and normally, if you are an adult, you have 3 years from the date of your accident or from the date when you first noticed clinical signs of an injury.
Different time periods exist for children and we recommend that you contact us immediately.
Do I have to go to Court?
Most claims are settled without having to go to Court on trial. However, pre-trial conferences are held at the Court building in a more informal basis and we will be there to represent you through this process.
How long will it take and how much does it cost?
We will attempt to get through the claim procedure as quickly as possible by seeking the relevant expert medical advice from your doctors to ensure that your claim is settled at the right time. We will answer all your questions about legal costs at the first free consultation with you. However, in the event of a successful resolution of your claim, the person liable or their insurers will cover most of the costs.
Is the first consultation free?
The first consultation is free with no obligation on your part to proceed.
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