Motorcycle accidents cause serious injuries. And beyond the physical injuries, our clients often develop serious stress and anxiety. All too often we see clients quit motorcycle riding for good – sometimes this means giving a hobby, other times a livelihood such as delivery riding. From representing injured motorcyclist clients we understand that other motorists often don’t give motorcyclists the same respect, leading to traumatic and sometimes fatal accidents.
Common claim types
- Motorcycle accidents on the way to or from work
- Accidents involving delivery riders
- motorcycle accidents due to bad road conditions
- traumatic injuries arising from motorcycle accidents
Motorcycle accidents on the way to work
When you suffer an accident on your way to work or as you ride home, you are covered by workers’ compensation insurance. It doesn’t matter that the accident was caused by a negligent driver and had nothing to do with your employer, you can still make a statutory workers’ compensation claim. This is important because even as we bring a damages claim on your behalf against the negligent party, while that claim is progressing, you can still get your weekly wages paid and your medical expenses funded.
Often the challenge is to get WorkCover to accept that the injury occurred while you were on your way to/from work. If there was a substantial interruption of or deviation from the usual route, that may present challenges.
Are you interested in reading more on this? Take a look at the following articles:
Bad road conditions
Sometimes an accident happens not because another driver was negligent, but because of dangerous road conditions. One possible scenario is the roadway is in a bad state of repair. In these types of cases we investigate whether the road authority (council or the State Government) knew or should have known of the hazard and whether they should have done something about it before our client’s accident occurred.
Another possible scenario is that the road is left in a hazardous condition after roadworks. A typical situation is when the during roadworks they spread loose gravel on the road surface which is then left there for days without being cleared up. Gravel only bonds to a new surface within a limited period of time, after which it should be removed. When it isn’t, it presents a danger to motorcyclists. Leaving a stretch of repaired road in a safe condition is the responsibility of not just the company undertaking the road works, but also of Council or the State Government who should undertake a thorough final inspection, and possibly also of the traffic control company (depending the arrangements on site).
Delivery riders
We have represented numerous clients who worked as delivery riders and suffered injuries in a motorcycle crash. One of the most common issues is the calculation of income loss, particularly future income loss. We also have experience in acting for international students who work as delivery riders.
Traumatic injuries
Motorcycle accidents often cause traumatic injuries, including traumatic head or brain injuries. We have dealt with multiple cases where our clients were in a coma after the accident. We know how to properly investigate the long term effects of these injuries, for example how these types of traumatic events affect our clients’ cognitive abilities. We have access to the best and most respected medical specialists who provide us expert reports for the purpose of developing our client’s case through the litigation process.
Frequently asked questions
I crashed because of gravel on the road. Do I even have a case?
It depends. We have recovered compensation in situations where the gravel was not cleaned up after roadworks, and where council had been aware of the presence of gravel on a particularly dangerous section of the road but failed to do anything about it. We will need to investigate the circumstances of your case before we can advise you. We may even need to engage a traffic expert.
Can I claim compensation if no other vehicle was involved in my crash?
Potentially. For example, if the crash was due to a mechanical failure in your bike then we may need to investigate if the manufacturer might face any liability. If the accident was caused by poor road conditions, we would look into whether the road operator breached their duty of care.
What is the time limit to claim compensation?
Generally 3 years, but you have to comply with certain procedural steps much sooner, so please contact us.
The accident happened quickly and I didn't have to write down the other driver's rego. Can I still claim?
Yes, you may still be able to claim compensation but you need to act very quickly. Please contact us so that we can advise you of relevant time frames.
Free book offer – Seven Deadly Sins
If you’ve been injured in an accident, understanding your rights and the personal injury claims process can be overwhelming. Our free book, Seven Deadly Sins, provides clear, practical guidance to help you navigate your claim.
It covers common mistakes to avoid, key time limits, dealing with insurers, and how to maximise your compensation.
You don’t need to be a client to receive a copy.
Every client and case is unique—we’re here to help you make the right legal decisions.
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Call us on (07) 3063 2268 and we’ll be happy to discuss your matter.
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