The Forensic Crash Unit is investigating a fatal single-vehicle traffic crash at Bentley Park this morning, April 26.
Initial investigations indicate early this morning a...
Carter Capner Law handles accident claims for a wide range of injuries caused by trucking collisions and other accidents. Our Truck Accident Lawyers Brisbane and QLD conduct successful claims for rollovers, collisions, cargo handling and defects in all cases of local, regional and interstate trucking.
Check to see if you are entitled to compensation. If you have a question, please get in touch with our team.
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If injured as a result of an accident involving a heavy vehicle or truck – whether as the driver or a passenger – you are entitled to secure the services of a legal team with experience in truck accidents and the injuries that can result.
Our Truck Accident Lawyers seek injury compensation for truck accident victims that includes loss of income, pain & suffering, loss of enjoyment of life, loss of future earning capacity, paid and unpaid care, expenses and the other financial losses that apply.
We handle injury compensation claims for all types of collisions involving light trucks, heavy rigid trucks, B-doubles and other articulated vehicles.
Making early contact with a truck accident expert will expedite the compensation claim process. In your first meeting with us, we will need to know the following:
You are entitled to choose a legal team whose experience in trucking and truck accidents gives them the confidence to take your case with no upfront fees and only getting paid if your claim is successful.
Our expert Truck Accident Lawyers are available to meet with you at our Brisbane Head Office – close by to major courts and insurers as well as medical and safety expert consultants – or at our Princess Alexandra Hospital office or at our Browns Plains Medical Precinct satellite office.
Call or email today to get expert advice from the Truck Accident Lawyers at Carter Capner Law.
See below in relation to the 1-month, 3-month and 9-month time limits that apply to truck accident claims. An absolute cut-off 3 years after the date of the accident also applies. Different time limits may apply to children and persons under a legal incapacity (e.g. unsound mind).
In most cases ‘compulsory third party insurance‘ (CTP) applies to the extent to which a truck driver is at fault for injuries to others involved in the accident. For the truck driver, potential defendants include the carrier, shipper, freight broker and each of their insurers. Those parties should also be investigated – to gain greater insurance coverage – in all trucking accidents even if CTP applies to consider whether additional aggravated or exemplary damages can be recovered
At the initial consultation, we’ll get more details on your situation and then investigate insurance coverage. We’ll also explain our client and No Win No Fee agreement.
Our Truck Accident Lawyers will meticulously investigate the accident circumstances and gather evidence while you recover from your injuries.
We will identify the state and federal regulations that apply in your case including those relating to fatigue, space awareness, safe following distances and safety training.
We will also examine the carrier’s internal manuals and training systems (eg JJ Keller) and the extent to which they conform with state and federal rules.
After that, we’ll brief medical specialists to examine you and provide expert evidence reports. From those reports, we will formulate how the injury has impacted you and your family at work and at home.
Our Truck Accident Lawyers will also formulate your damages demand and appoint an out-of-court meeting to negotiate the resolution of your claim settlement.
Statistically, more than 97% of compensation claims are settled out of court. In many cases, the claim is resolved successfully during the informal settlement meeting, and you will receive the compensation to which you are entitled.
In rare cases, if your claim has not been resolved at this stage, Our Truck Accident Lawyers will take it further and help you get the compensation to which you are entitled according to law. We will also consider whether additional aggravated or exemplary damages can be recovered against a shipper, broker or carrier.
Title | Date | Content |
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Fatal traffic crash, Bentley Park | 21 hours ago | The Forensic Crash Unit is investigating a fatal single-vehicle traffic crash at Bentley Park this morning, April 26. Initial investigations indicate early this morning a... |
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Karina Abel Remembered After Fatal Crash in Warwick, Perth | 3 days ago | Introduction The Perth community is in mourning following the tragic death of Karina Abel, who was involved in a severe traffic accident in the northern... |
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Serious Injury from Truck and Car Collision on Kings Hwy, Braidwood | 3 days ago | Introduction A severe traffic incident occurred on Kings Hwy at Braidwood, impacting commuters between Canberra and Sydney's south coast. The collision involved a truck and... |
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After any truck accident, survey the vehicle, if possible, to determine the cause of the crash and the extent of the damage. Make sure your version of events is clearly put to the police, and if you are a driver, your company supervisor.
See your doctor as soon as possible and let them know all the injuries and issues. Return regularly for follow-up sent to report changes in your condition. Many different people will ask you over a long period following the accident to describe what happened, what your symptoms are and when particular events occurred.
It is essential that all statements made by you are consistent and that if there is an error made by someone in recording your version – for example, an investigator or a doctor – they are approached to correct the record as soon as is possible.
Get early legal advice.
Our Truck Accident Lawyers can quickly identify potential defendants among the driver, carrier, shipper, freight broker and each of their insurers for a potential no-win-no-fee claim.
We will arrange a meeting with you at one of our Brisbane, Gold Coast or regional offices or your home. At the meeting, we will complete the claim notice and answer your questions about the claim process, explain how compensation is calculated and take you through examples of what the compensation outcome could be for you.
Larger motor vehicles, such as trucks, may carry cargo that is volatile or dangerous and could potentially cause catastrophic damage if spilt on the road. Trucks are also significantly larger than other motor vehicles on the road; even if a truck driver is alert and vigilant, many potential safety road hazards and issues could arise, which can contribute to human-error accidents.
While claims for trucking accidents vary from case to case, there are particular types of truck accidents that are more common than others. Some of the frequent types of trucking accidents include:
We act for passengers and/or drivers in all types of accidents involving:-
Truck Accident Lawyers can answer any questions you have about the claims process and explain how compensation is calculated. Some cases may be eligible for a no-win, no fee arrangement
It all depends on the proportion of liability attributable to the at-fault driver, the extent of your injury and the quality of your evidence.
Someone whose injury has had a significant effect on their quality of life (work, psychological, physical) is entitled to greater compensation than someone whose injury has had a minor impact on their life.
General damages were intended to compensate you for the pain and suffering you have endured and will endure in the future as a result of your injuries, as well as any permanent disability you’re likely to suffer.
General damages are now artificially reduced by legislation, and those awarded in Queensland can be quite trivial in comparison to what is awarded in other States. The most serious injuries, such as quadriplegia, are awarded around $150,000, and some reasonably serious back injuries get as little as $10,000.
These include:
You are entitled to claim any income you have lost as a result of the incident. If you weren’t currently working and the injuries prevented you from looking for work or caused you to turn down job opportunities, you may also be able to claim for those situations.
You are entitled to be compensated for any future economic loss you may incur as a consequence of your injuries. If your injuries have resulted in some permanent disability – even to a small extent – you may be at risk of loss of wages in the future. People who continue to work full-time can still recover future income loss on the basis they are at risk in the labour market when compared to able-bodied job applicants.
Domestic assistance you receive from friends, family members or care professionals following an accident is compensable in many cases – even if you don’t pay for it. It’s important to keep detailed records of any assistance you get from other people if you intend to claim domestic assistance.
If you are looking to get a personalised assessment of your entitlement to compensation, contact our Truck Accident Lawyers and speak to one of our expert lawyers.
To assist Truck Accident Lawyers with the investigation, it is important to try to do the following:
Whether your claim is worthwhile depends on the seriousness of your injury and how that affects your employment and lifestyle.
There are some claims that are not worthwhile such as those for trivial injuries where there is no insurer or the party at fault does not demonstrate significant assets against which a judgment can be enforced.
If you are not sure if your compensation claim is worthwhile please contact us and we will help assess your needs and eligibility for our no-win no-fee service.
Our Truck Accident Lawyers at Carter Capner Law offers specially tailored services in connection with severe brain injury and spinal injury accidents for children and adults to help formulate comprehensive loss statements that include individualised damages components that make up multi-million dollar claims.
In most cases, truck accident claims are resolved before any court proceedings with a personal injury settlement. However, if your claim does go to trial, you may only need to attend if your presence is required to determine the outcome of the case.
In some cases eg interim applications for payment of rehabilitation expenses, Truck Accident Lawyers may be able to attend on your behalf.
Strict time limits apply to all truck accident claims. A Notice of Accident Claim (NOAC) must be sent to the insurer of the at-fault party within one month of the first consultation with your lawyer (which typically includes the date of your first telephone discussion) and no later than:
OR
If you fail to lodge your claim on time, you may still qualify for compensation. There is a provision for extending these time limits if you’re able to provide a reasonable excuse when submitting your NOAC which our truck accident lawyers can help with.
As well as the 3-month and 9-month time limits, most claims have an absolute cut-off of 3 years from the date of the accident.
Different time limits may apply to children and persons under a legal incapacity (e.g. unsound mind). Don’t delay your right to claim compensation, speak to one of our Truck Accident Lawyers today.
Yes but there are special procedures and time limits that apply to unregistered and unidentified at-fault vehicles.
Claims of this type are brought against the default insurer that goes under the name Nominal Defendant.
The time limit for giving a Notice of Accident Claim to the Nominal Defendant for an unidentified vehicle e.g. in a hit-and-run is three months. This can be extended up to 9 months if there is a reasonable excuse for the delay but cannot be extended at all after that time.
In the case of unregistered at-fault vehicles, the Notice of Claim must be given at least within 9 months of the accident date but if there is a reasonable excuse for the delay, this can be extended.
In all cases (except for children), proceedings must be started in court within three years of the accident date. The limitation period for children is up until the 21st birthday.
For claims relating to unidentified vehicles, there must be reasonable attempts made to ascertain their identity e.g. a report to the police, taking down names and contact details for eyewitnesses and taking down vehicle registration numbers if possible.
Your unidentified vehicle Truck Accident Lawyers will be able to help.
After you’ve submitted the CTP claim, the insurer will decide whether they’ll accept or deny the fault. It varies from case to case but it is important to note that finalising a claim too fast may be detrimental as the assessment of all your losses may not be assessable during the early stages.
Also, some claims may take a little longer for several reasons:
Every claim is unique and can have its own difficulties and complexities. Our Truck Accident Lawyers ensure you get the best outcome and receive the compensation to which you’re entitled in accordance with the law.
If you are unequivocally ‘at fault’ for the truck accident or no one was ‘at fault’ you may not be able to claim CTP compensation. You can though in many cases, claim on your own insurance such as that associated with superannuation and income protection.
If you are seriously injured due to the truck accident and it occurred after 1st July 2016, you may also be able to access support, care and treatment through the National Injury Insurance Scheme Queensland.
If your motor vehicle was subsequently damaged or written off, we can help you recover the cost of the repairs or replacement value of the vehicle.
If your motor vehicle is uninsured, Our Truck Accident Lawyers can also help you recover the money to repair your vehicle or help you claim a fair market value from the ‘at-fault’ party.
If you have been involved in a truck accident, it is important to obtain legal advice promptly because strict time limits apply to compensation claims.
Our compensation lawyers will quickly review the circumstances of your case to determine your prospects of a successful personal injury claim. And once we have approved your case the claim process starts quickly following the CCL method
Proper case preparation demands meticulous attention to detail. That’s why right from the start, we collect all the facts and continuously verify them with you and other sources. Constant updates to your comprehensive statement will ensure everyone – you, us, medical specialists and barristers – stay precisely on the same page.
Once sufficient facts have been collected and the identity of the at-fault party confirmed, and initial Claim Notice can be completed in a way that persuasively asserts the basis and extent of your compensation request.
Diligent claim preparation requires a comprehensive understanding of your medical income and employment histories. We will obtain records from accident related treatment provided as well as from health professionals who have treated you for any prior conditions. Employment and income records asked also be collected and diligently examined .
The extent of accident related injury must be independently verified by medical experts. Because compensation is paid for the permanent effects from an injury, specialist medical assessment is deferred until 9 – 12 months post injury. We’ll arrange examinations with appropriate specialists and the insurer of the at-fault party is entitled also to have you examined by its specialists.
Once all information has been collected and medical specialist reports obtained, we will carefully formulate the “damages” components of your claim demand. The CCL Method requires that every component – general damages, lost wages, expenses you have incurred, the value of past and future domestic care and the value of loss of future earning capacity – is based on authoritative evidence.
After the insurer has considered your damages ask, a settlement conference is arranged to attempt to negotiate a resolution. Although informal, the success of the conference depends on the extent of preparation that has gone before it. Offers will be exchanged and if the insurer is being reasonable, the conference offers a good opportunity to finalise the claim.
If you are unable to reach an agreement within 60 days after the conference, a Claim and Statement of Claim must be filed in court in relation to your accident. The defendant may then file a Defence and the court process then continues until the dispute is listed for a trial where witnesses are called to give oral evidence and a judge makes a final determination.
Carter Capner Law's No-Win No-Fee terms affords fairness to those seeking compensation for personal injury including loss of income and future loss of income earning capacity. No-Win No-Fee - sometimes called "no-win, no-charge" and "no-win no-pay," allows legal representation to a level equivalent to that of the insurance company that will be resisting your payout. Essentially No-Win No-Fee terms provide that fees and case expenses are only payable when the claim is finalised and only if it is successful.
We will secure the services of a barrister who will also offer No-Win No-Fee terms