Motorbike Accident Lawyer Sunshine Coast

Motorcycle accidents can arise from a multitude of factors. Whilst sometimes they are caused by the motorcyclist’s mistake or the conditions, often they are caused by the negligence of another party. 

The other party may have caused the accident as they:

• Were not paying attention
• Failed to comply with traffic rules
• Were driving at an excessive speed
• Were driving whilst under the influence of alcohol or drugs
• Failed to repair the roads

When another vehicle is involved in the accident, motorcyclists typically suffer more severe or even fatal injuries.

Head and chest injuries are often the most severe injuries sustained in motorcycle accidents. However, motorcyclists can sustain a wide array of injuries when involved in an accident, such as:

• Traumatic Brain Injury (TBI)
• Head injuries (regardless of helmet use)
• Injuries to the spinal cord
• Neck injuries
• Back injuries
• Internal injuries
• Scarring and/or soft tissue injuries
• Psychological injuries and PTSD

In fatal accidents, loved ones can also claim for psychological injury and wrongful death against the at-fault driver.

Yes, passengers on a motorcycle are entitled to claim injury compensation through Compulsory Third Party (CTP) insurance. This applies whether the accident involved only the motorcycle (a solo accident) or a collision with another vehicle. Passengers can seek compensation for injuries sustained, from the CTP insurer for the party who was at fault. It’s crucial to gather evidence, such as medical reports and accident details, to support the claim and ensure proper compensation.

Yes, solo motorcycle accidents can be claim-worthy under specific circumstances. If your accident occurred due to external factors beyond your control, you may have grounds for a claim. Examples include defective or poorly maintained road surfaces, fallen debris, livestock on the road due to negligent containment, or even adverse weather conditions where liability can be established. Each situation is unique, so consulting with an experienced personal injury lawyer from L&H can help determine the strength of your claim and guide you through the process.

Motorcycle injury compensation claims must typically be lodged within nine months from the date of the accident. Failing to meet this deadline can result in losing your right to claim compensation if the other vehicle cannot be identified. A common law claim must be started within three years from the date of the accident. However, the earlier a claim is lodged the sooner rehabilitation will be funded to ensure your chances of recovery are maximised.

Since the process can involve complex legal and insurance considerations, we strongly recommend seeking assistance from our personal injury lawyers. We can help ensure your claim is filed correctly and within the required timeframe, maximising your chances of a successful outcome.

The attribution of blame in accidents depends on a host of factors including the involvement of others and the proven cause of the accident. Even in solo accidents, external conditions, such as poor road maintenance or inadequate signage, may be identified as contributing factors. Our accident lawyers can assess your case and advise if pursuing a claim is beneficial.

If it is found that the accident was not due to rider error but the negligence of another person or external factors outside of the rider’s control you can often bring a claim for compensation. It is prudent to seek legal advice so a lawyer can assess whether another party was at fault or partly at fault for an accident. A motorcycle accident lawyer can evaluate your case and advise whether a compensation claim is justified. L&H Injury Lawyers offers an obligation free initial consultation.

Yes, motorbike accident claims can differ from car accident claims in several ways:

1. Severity of Injuries: Motorbike riders are more exposed and often suffer more severe injuries, which can lead to higher compensation amounts but may also require more extensive evidence.
2. Bias and Fault Disputes: Insurance companies may be quicker to question fault in motorbike accidents, requiring more experienced legal advocacy.
3. Safety Considerations: Factors like helmet use and rider behaviour may be scrutinised more closely in motorbike accidents compared to car accidents.

Despite these differences, both motorbike and car accident claims rely on Queensland’s CTP insurance system. At L&H Injury Lawyers, we have experience in injury claims and will help overcome the unique challenges faced in motorcycle accident claims.

Yes, you may still be eligible to claim compensation even if the at-fault driver was uninsured or fled the scene. In such cases the Nominal Defendant will act as the CTP insurer. This is a government body or fund set up to compensate victims in scenarios such as:

1. Uninsured Drivers: If the at-fault driver was uninsured, you can lodge a claim with the Nominal Defendant.
2. Hit-and-Run Accidents: If the driver fled the scene, you should report the accident to the police straight away and provide all available details about the incident. There are also steps that must be taken to try to identify the other vehicle. Very strict time limits apply to these claims and if the proper steps are not taken to identify the other vehicle the injured person may not be able to proceed with a claim. Therefore, it is important to get legal advice from an experienced motorbike accident lawyer urgently.

In both cases, it’s crucial to act quickly and gather as much evidence as possible, such as witness statements, photos and a police report. Consulting with a legal professional experienced in motorbike accident claims will ensure your rights are protected and that you follow the correct processes.

Most motorcycle injury claims are settled outside court through a negotiation process mandated by law. In rare instances where a settlement is not reached, your claim might move to court. Your motorbike accident lawyer from L&H Injury Lawyers can manage the court proceedings to ensure a fair resolution is achieved.