As cyclists, we are all aware of the “dark side” of cycling: impatient and/or aggressive drivers who refuse to share the road with cyclists. There are also the distracted drivers who fail to notice cyclists around them. There are still about 800 injured cyclists each year in this State.
The real issue is that the effects of a crash on a cyclist can be devastating. The injuries are often serious or fatal (there are many crashes involving heavy vehicles) and the cyclist’s ability to go out again on a ride is being put on a long-term hold. This in turn has further negative health consequences. As well, the cyclist’s self confidence after a crash is probably at a low, which may also prevent them from returning to ride. Then there is the expensive property damage to the bike itself.
Oszkar Denes is an experienced personal injury lawyer and an avid cyclist. Why is this important? Because your lawyer must have an understanding about who is at fault in a particular traffic situation. In many instances, Police may simply assume that the cyclist was at fault. If there are witnesses, they may not be sympathetic to the cyclist and tell Police that the driver didn’t do anything wrong.
Your lawyer’s job is to not just accept what the police report or witnesses say. Rather, your lawyer must critically examine the evidence and determine whether you have a case. Your lawyer must understand the situation from your perspective. Oszkar has cycled around Brisbane’s crash “hot spots”, he knows what it’s like to ride in group or on your own. He appreciates what is the level of care which can be reasonably expected from a cyclist and from a driver in any particular situation. The reality is this: if your mater is not completely clear cut and you choose a lawyer who doesn’t have personal cycling experience, they may lack the confidence to take your case to trial, and might talk you into settling for less than fair compensation.
Many firms try to rush you to sign up with them without carefully considering your options. We encourage you to first learn about your personal injury claim. You should ask yourself:
Our book is available to you free of charge. You don’t have to be a client to receive this book. Head to the order page and we will be happy to send you a copy straight away.
In Queensland, most compensation firms will charge you 50% of your compensation amount – the maximum allowed at law. This is very expensive. Our fee is different. We will cap our fee at 25% if we don’t have to file a claim in court. If we have to file a claim in court, then the cap is 33%. Remember also, these are the maximum fees we will charge. If our fee in your claim is less, then we charge the lesser amount.
Before you engage us, we will provide you a written Disclosure Notice and a Client Service Agreement. These documents set out in detail the service we provide, as well as our fees and outlays. Before you sign anything, you can take these documents home with you, and study them with your family. You can take as long as you need, there is never any pressure from us. If anything in these documents doesn’t make sense to you, we can discuss it with you and you are free to ask another lawyer to give you advice. And remember, no win – no fee agreements come with a 5 day cooling off period for extra peace of mind.