Case notes by topic
motor accident
Case notes tagged “motor accident”.
Newest first
- Litigation & law practice
Seriously injured driver moved to rear seat after impact?
A CTP insurer’s notification - following the lodgment of a compliant Notice of Claim - that it will meet reasonable motor accident rehabilitation expenses, is routine.
- Litigation & law practice
Competing drivers’ duties: heavy weaving vehicle v. "follower" with chance to evade hazard
A bicycle, a tip truck, a utility and a motorcycle were proceeding in line, south along a flat straight stretch of Jacobs Well-Stapylton Road in April 2011. The ute was the first to overtake the tipper.
- Car accident
RACQ mines childhood social media posts to block $$ to Mackay 4WD accident victim
RACQ admitted fault on the part of its insured driver for a Mackay intersection accident in January 2008 but fiercely contested the amount of compensation that was fair to be paid under the CTP insurance policy to the injured…
- Litigation & law practice
Council Negligence: Loose stones road death, ‘roadworks’ warning insufficient
The husband of a driver killed in an August 2004 country road single-vehicle accident has sued the local council for council negligence by failing to erect signage warning of the loose gravel associated with road works.
- Litigation & law practice
Nominal Defendant v Bacon: Head-on collision in dust cloud, Who’s at fault?
Corrugations formed by frequent traffic on unsealed roads are a part of daily life in rural Australia.
- Litigation & law practice
Judge overruled on anti-jogger decision
A judges' decision to refuse personal injury compensation to a jogger who collided with an SUV in suburban Kallangur has been ruled by three appeal judges, as illogical and unreasonable.
- Litigation & law practice
Patron neglects vehicle ID window in fast food drive-thru bump
The failure to even attempt to note the registration number of a vehicle, later claimed to be "unidentified", when clear opportunity existed was fatal to a claim for injuries against the Nominal Defendant.
- Litigation & law practice
Unconventional relationship equally a ‘marriage’ for dependency rules
Queensland's highest court has been asked to decide the essential elements of a de facto partnership and whether the male partner of a woman who died in a motor accident in June 2007, could recover dependency damages as a result…
- Litigation & law practice
Claimant “coy” on intersection manoeuvre, RACQ wins on countback
Argument over who had the green light after a collision at a Rochedale intersection decided by in-road trigger of green light timing sequence.
- Litigation & law practice
Insurer on attack over $700k/yr mine manager’s income loss claim
Stoic claimant who "found a way to cope" awarded less future income loss damages because he was "determined" and optimistic that his serious injuries would not impede his work career.
- Litigation & law practice
Suncorp pleads ‘clunker defence’: you knew it was a rust bucket, suck up your brain injuries
Taking risks with the mechanical state of a vehicle could void personal injury compensation for a resulting motor accident if the mechanical fault is the cause; failing to get clear of a vehicle in the middle of a busy highway…
Dancer in self-represented CTP win after drunk Story Bridge bike stack
A late-night reveller was the victim of her own ill-judgment when she accepted a ride on the back of a motor-cycle from Brisbane's Sofitel lobby bar before being spilled onto the bitumen at the southbound entrance to Brisbane’s…
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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