Our client was driving home at night along a country road when suddenly and without warning he struck a cow in the middle of the road. Our client sustained serious injuries to his back and shoulders as well as a psychological injury.
This accident changed the trajectory of our client’s life. As a result of his physical injuries, our client was unable to continue in his manual labouring job. He suffered from ongoing severe pain from his physical injuries and developed severe depression.
Our team at Gerard Malouf & Partners was motivated to help this deserving young man.
In these types of claims certain aspects must be proven:
In this case, the lawyers at Gerard Malouf & Partners had to prove a deficiency with the fencing in the paddock where the cow had been kept. Through expert liability evidence the team was able to argue that the fencing containing the cow had been inadequate and successfully sued the owners.
Animal collisions are normally classified as ‘blameless’ accidents in the ACT. This means the driver isn’t at fault, but they are also unable to demonstrate another road user was responsible.
No compensation is provided for blameless accidents under the existing compulsory third-party (CTP) insurance scheme, with only a $5,000 early medical payment benefit available.
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:
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.
The immediate aftermath of a car accident is a troubling time for all concerned, and it’s crucial that you don’t inadvertently act against your own best long-term interests. Let’s start with what not to do:
With those caveats out of the way, let’s move on to what you should do.
If you’re injured in a motor vehicle accident, there are a number of practical details you need to take care of quickly once you are out of immediate danger:
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In the spirit of reconciliation GMP Law acknowledges the Traditional Custodians of country throughout Australia and their connections to land, sea, and community. We pay our respects to their Elders past, present, and emerging, and extend that respect to all Aboriginal and Torres Strait Islander peoples today.
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