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Truck Accident Lawyers

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.

 

Do you have a claim?

Check to see if you are entitled to compensation. If you have a question, please get in touch with our team.

Do you have a potential claim for a truck accident injury?

Make an enquiry

What to do if you were injured in a truck accident?

If injured as a result of an accident involving a heavy vehicle or truck – whether as 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:

  • What happened and who might potentially be at fault
  • The extent of your injury
  • Your employment status
  • Your medical history
  • Do you have insurance or superannuation cover

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).

1

Make compulsory third party insurance (CTP) claim

In Queensland, motor vehicles are required to have ‘compulsory third party insurance‘ (CTP). Your Truck Accident Lawyers will initiate your claim with your insurer or the at-fault party’s motor vehicle insurer.

2

Contact us to set up your free initial appointment.

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.

3

Investigation & gathering evidence

Our Truck Accident Lawyers will meticulously investigate the accident circumstances and gather evidence while you recover from your injuries.

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.

4

Attendance of informal settlement meeting

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.

5

Case settled or court proceedings

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 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.

What makes a successful truck accident claim?

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 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 assess any potential no-win-no-fee claim and then arrange a meeting with you at one of our Brisbane or Gold Coast 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.

What are the commonly occurring truck accidents that result in injuries and compensation?

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 varies from case to case, there are particular types of truck accidents that are common than others. Some of the frequent types of trucking accidents include:

  • Jackknife accident: When the truck’s trailer swings uncontrollably to the side of the cab.
  • Underride accident: When a smaller motor vehicle goes under the trailer of a truck.
  • Truck rollovers: The truck’s cab and trailer roll over on its side or roof.
  • Tire blowout: When one or more of the truck’s large tyres blows and causes the driver to lose control of the larger motor vehicle.

We act for passengers and/or drivers in all types of accidents involving:-

  • Light trucks: including vans, pickup trucks, panel trucks
  • Medium trucks: including box trucks, platform trucks and flatbed trucks
  • Heavy trucks: dump trucks, b-doubles, mobile cranes and concrete carriers
  • Oversized transports: including off-road heavy haul trucksmining vehicles and road trains.

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

How much compensation will I receive for my truck accident injury claim?

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 lives.

General Damages

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.

Special Damages

These include:

  • Expenses paid or incurred by you, including medical and pharmaceutical.
  • Expenses paid by others. Some of these amounts are required to be collected from the at-fault party and paid back to Medicare, Comcare, WorkCover, DVA, public hospitals and private health funds.

Past Income Loss

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.

Future Income Loss

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 (paid and unpaid)

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.

What kind of evidence do I need to keep and collect?

To assist Truck Accident Lawyers with the investigation, it is important to try to do the following:

  • Make notes of your recollection of all events relevant to the accident
  • Record names and addresses of witnesses
  • Take photos and video of the place where you were injured. “A picture tells a thousand words”. Sketches are also helpful
  • Take photos and video of any product, equipment or object that injured you
  • Take photos of your injuries
  • Keep any defective product that caused an injury
  • Keep details of your absences from work caused by the injury
  • Make a list of visits to doctors, physiotherapists, chiropractors etc for treatment and follow-up visits
  • Keep all invoices and receipts for medical, chemist etc expenses
  • Record details of assistance provided by friends and family members
  • Collect contractual records. For sporting injuries, this includes club membership application forms and sign-in forms. For injuries in a car park or theatre, this includes the entry ticket
  • Collect documents showing your loss of earnings and earning capacity including wage slips, group certificates, income tax returns (for 6 years prior to the accident and each year after), references and resumes

Is my claim worthwhile?

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.

Do I have to go to court for my compensation claim?

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.

Are there any time limits for making a claim after an motor vehicle accident claim?

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:

  • In the case of an unidentified vehicle being at fault – within 3 months of the date of accident- see below;

OR

  • For any other identified vehicles, within 9 months of the date of accident.

If you fail to lodge your claim on time, you may still qualify for compensation. There is 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 for compensation, speak to one of our Truck Accident Lawyers today.

Can I get compensation if the at fault vehicle was unregistered or I don't have its details or registration number?

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.

How long will my truck accident compensation claim take?

After you’ve submitted the CTP claim, the insurer will decide whether they’ll accept or deny 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:

  • Your injuries are too early to determine, a stabilisation period may be in effect.
  • There may be instances where there are difficulties in negotiations between the insurer and our truck accident lawyers.
  • There are delays in the court process.

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.

What if I was 'at fault', am I still able to claim compensation for injuries?

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.

Can I recover any damage costs to my motor vehicle associated with the accident?

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.

Types of injuries that can result from a truck accident.

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.

Head and brain injury.

Spinal and neck injury.

Soft tissue injury.

Upper and lower limb injury.

Ankle, knee and wrist injury

Fracture.

Whiplash.

Amputation.

Shock, anxiety and depression.

The CCL method

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

Process

Assemble the initial information you are able to provide

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.

Process

Prepare initiating Claim Notice.

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.

Process

Keep collecting the facts.

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 .

Process

Medical investigation of injury.

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.

Process

Formulation

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.

Process

Negotiation

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.

Process

Settlement not reached: heading to court

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.

What fees do you pay Truck Accident Lawyers for truck accident compensation?

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.

  • Court Filing Fees

  • Medical specialist consultation & report fees

  • Medical records collection fees

  • Expert report fees

  • Claim investigation

  • Barristers

    We will secure the services of a barrister who will also offer No-Win No-Fee terms

  • Document production

  • Police Report Fees

  • Government agency search fees

  • Freight & courier

  • Office charges

Get in touch with us