$550,000 settlement for 49-year-old motorcycle rider involved in a motor vehicle accident

There are several steps you should take following a motor accident before worrying about liability. First and foremost is ensuring that you, the other driver and any passengers you both have are safe. Immediately call 000 for emergency services if necessary, and apply first aid care if you know how. Move the vehicles off the shoulder if the accident is blocking the roadway and it’s possible to do so.
 

All drivers have a duty to other road users to take reasonable care. If it can be determined that anyone involved in the accident was not taking reasonable care, they can be found negligent and at fault. The top identifiers of negligence consist of:

• Speeding
• Failing to obey traffic lights or signage
• Driving while intoxicated or otherwise under the influence
• Failing to “keep a proper lookout”

If you are hit by another driver and they are found at fault, you can make a claim against them for damages. This can include any losses resulting from the accident, including damage to your vehicle.

However, if your actions also played a part in the accident, both drivers may be found at fault. This is called ‘contributory negligence’, and may be apportioned between you and the other driver in any percentage split. In such a case, you may be responsible for bearing part of the cost of the damages.

Compensation can provide vital financial support for people who have suffered serious injuries in a road traffic accident. But are there limitations on how much money someone can receive?

The answer to this question depends on several factors, including:

• Who was to blame for the accident?
• How severe were your injuries?
• Is there permanent damage?
• Are you entitled to damages for non-economic losses?

Let’s break down some scenarios and explore what compensation amounts could be available.

The terms ‘plaintiff’ and ‘defendant’ are used in car accident compensation cases – and other civil law matters – to represent the individual pursuing the claim and the people or organisations being accused, respectively.

As a plaintiff, you may encounter another phrase: the Nominal Defendant. But what does this mean? And how could it affect your Australian Capital Territory motor vehicle accident damages?