Bicycle & Cycling Injuries
With cycling on the rise in Australia, so to is the risk of bicycle related road accidents. Unfortunately, equipped with minimal protection, these accidents can inflict tragic and life-changing injuries on the cyclists affected. If you or someone you know has been impacted by a cycling accident, our cycling accident lawyers are here to help.
What should I do after a cycling accident?
If you have been caught up in an accident, it is recommended that you first report it to the police.
Following this, you should consult your doctor and report all injuries and issues. You should return for regular follow-up consultations to report any changes in your condition.
Been injured while riding? Let our cycling accident lawyers get in touch and help you now by filling out the form below:
Provided the accident occurred on either a Queensland roadway or in a public place, you may be entitled to compensation for:
- Bicycle and motor vehicle accidents resulting in injury;
- Injuries caused by “dooring” incidents;
- Bicycle courier accidents;
- Hazardous bike-way infrastructure
Although cycling accidents most commonly occur between a bike and a motor vehicle, there are instances in which accidents are caused by other cyclists. In these instances, a claim must be directed at the rider personally (or in some cases, their riding ‘team’ in the case of competitive cyclists). Riders do not always carry personal cycling insurance, however may nevertheless be covered under a householder’s policy.
In the past, insurers have refused to pay claims on the basis that cycling is a “dangerous recreational activity”, arguing the right to enjoy liability immunity under Civil Liability laws. However, where it can be proved the incident occurred whilst cycling for transportation or physical fitness, such claim denials will fail.
Following a cycling accident, in addition to damages for the pain and suffering you have endured, you may be awarded damages to compensate for:
- Past income loss
- Future income loss
- Domestic assistance
Accident compensation claims are governed by strict time limits, that vary according to the nature of the incident.
Where the ‘at-fault’ party can be identified, notice must be given:
- Within 9 months of the injury; or
- Within 1 month of consulting legal advice,
Where the appropriate limit is dictated according to whichever arises first.
Where the ‘at-fault’ party cannot be identified, notice must be given:
- Within 3 months of the injury
However, there are circumstances in which you may be able to claim outside of these times.
Given the strict time limits, we recommend consulting a legal team as soon as possible.
Unfortunately there are circumstances in which it is not possible to identify which vehicle caused the accident. When this arises, you are entitled to make a CTP claim provided you took steps to identify the vehicle at fault, including:
- Reporting the incident to the police
- Seeking witness to the accident
Whilst CTP insurance also applies in other Australia states and territories, each locale is governed by their own rules. Please call us if you need help with regards to a bike accident that occurred in another state.
The amount of compensation you can claim for a cycling accident depends on many factors. For more information, see our compensation payouts for injury guide.