Case notes by topic
On the roadPage 2
Case notes on claims after crashes and falls on roads and footpaths: drivers, passengers, riders, cyclists and pedestrians.
Newest first
- Motorcycle accident
Dirt bike injury showdown
Kanimbla is a leafy suburb at the foothills of the northern end of the Macalister Range that forms the dramatic backdrop to Cairns.
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Picture hiddenCar accidentNo grounds to suspect fraud: insurer must give up surveillance pics
An injury compensation claimant who lodged her motor accident claim in September 2022 had a surveillance team assigned to her just one month later.
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Picture hiddenPedestrian accidentPedestrian on a road has same rights as a motorist
A pedestrian knocked down by a passing ute at night on a dark country road has defeated a CTP insurer’s argument that he should have been walking on the opposite side of the road with the flashlight on his mobile phone…
- Car accident
Car accident claimant holds back medical history; wins $285k
Just how much non-disclosure of an adverse prior medical history can a car accident claimant comfortably explain away?
- Cyclist accident
Nothing done to avert risk; court halts $200k to injured cyclist
In what circumstances can an injured cyclist recover damages against a local council for failing to remove an obstacle that creates a “not insignificant” risk of a foreseeable injury on premises it is required to maintain?
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Picture hiddenRoad & footpath injuriesReal estate agents sued for open house driveway injury
Can agents be held liable for failing to take adequate precautions to prevent injuries to potential buyers from hazards in homes they open up for inspection and any driveway injury?
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Picture hiddenUnidentified vehicleHot pursuit of at-fault driver not essential for unidentified vehicle claim
Is a road accident injury victim required in an unidentified vehicle claim to give hot pursuit to identify an at-fault vehicle in an attempt to read and remember its registration number?
- Motorcycle accident
Brain injured mechanic awarded $1 mil for farm bike accident
A 60-yr-old motor mechanic who was thrown over the handlebars of a motorcycle he had just serviced and was test riding on a dirt road, has been awarded more than $1 million for a serious brain injury that resulted from the farm…
- Car accident
Intoxicated reveller damages bar: how criminal must conduct be?
An intoxicated reveller who threw herself onto the bonnet of a car has defeated a third-party insurers' arguments that such conduct barred her from compensation for injuries received when she was thrown off as the vehicle…
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Picture hiddenPedestrian accidentPedestrian hit on sidewalk damned again by injury exaggeration
A pedestrian hit by car on a Broadbeach sidewalk after a violent two car collision and then had a wall that the car also hit fall on top of her, has been ordered to pay a substantial part of the legal costs of the at-fault…
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Picture hiddenCar accidentAppeal court cans “she’ll be right” verdict; future economic loss upped x 3
A ruling that a seriously injured not-at-fault driver was capable of a return to work following a road accident trial has been rejected on appeal as having been unsupported even on the evidence of the most optimistic medical…
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Picture hiddenUnidentified vehicleA white van but can’t say which one: Nominal Defendant pays $844k
Can a motor accident injury claim against the owner of the vehicle suspected to be at fault for an accident also include a side claim against the nominal defendant in case of vehicle misidentification?
Case notes explain decisions in other people’s cases. They are general information, not legal advice, and every claim turns on its own facts.
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