A group of Queensland motorcyclists were recently involved in a serious head-on collision with a car in Kyogle, NSW, leaving one man dead at the scene of the accident and three others injured.
The six riders were members of the central Queensland chapter of the Sons of the Southern Cross social motorcycle club. The group were enroute on a road trip from Mackay, Queensland to Adelaide, South Australia when they collided with a car travelling northbound.
The deceased killed was critically injured by the collision, dying shortly after as a result of his wounds. Two of the injured riders were taken to Lismore Base Hospital, while the third man, who suffered more serious wounds, was flown on to Gold Coast University Hospital in a serious but stable condition. The driver of the car was trapped inside his vehicle for a short time, before he was released and also taken to Lismore Base Hospital for treatment, and mandatory drug and alcohol testing.
Depending on the outcome of the crash investigation, both parties above may be able to claim damages for pain and suffering (psychological and physical) sustained as a result of the car driver’s involvement in the collision. In order to be successful, they need to prove that the car driver was at fault for the crash and that another driver in the same position could have taken reasonable and appropriate steps to avoid an accident.
The injured motorcyclists may also be able to claim for compensation on Queensland’s Compulsory Third Party (CTP) insurance scheme. However, because the state’s CTP is based on no-faults claims, the injured drivers will have to prove that they were blameless in the accident.
Additionally, the injured drivers can make a claim for damage to their motorcycles, either from their vehicle insurer or from the car driver themselves. The value of this claim depends on the condition of the bikes and the insurance policy excess. If the motorcycles are repairable, they can claim for the lowest quote for repairs and other necessary costs, such as towing. If the bike is written off, the riders can claim for the lowest reasonable valuation for the vehicle’s pre-accident value less the salvage value, plus costs.
For help with your own car accident compensation claim, contact the solicitors at Gerard Malouf & Partners today – we can help you come to a suitable outcome for damages.