What does an animal strike mean for car accident compensation?

Date: Dec 11, 2015

Australia's home to a diverse range of wildlife, many of which are dangerous in their own unique ways. A recent case that made it to the NSW Supreme Court illustrated that a vehicle doesn't always offer protection for the country's various animals, as high-speed collisions can be dangerous to both vehicles and their occupants or riders. 

According to Main Roads WA, kangaroos can grow to weigh as much as 90 kilograms. If driver's aren't careful, these animals, and many others, can be the cause of serious car accidents. 

The dangers are multiplied for people travelling on motorcycles, as they have less protection. Therefore, these people need to be more alert when travelling on Australia's country roads, otherwise they risk serious injury that may require accident compensation

NSW incident illustrates road danger

While this case is still in progress, it raises a number of key concerns for vehicle accident victims to keep in mind when applying for compensation. According to the NSW Supreme Court, the accident in question involved a collision between a motorcycle and a kangaroo. These incidents are dangerous enough for car, truck and van drivers, so the rider was lucky to escape with his life in this situation. 

While riding a motorcycle, the victim collided with a kangaroo, throwing him off the bike which resulted in an injured shoulder and loss of consciousness. Compounding the danger of the situation was the fact that the road is corrugated. Although the speed limit is still 100 kilometres per hour, these roads often require greater care than their sealed counterparts. 

The crux of the case, however, is the fact that the plaintiff argued the collision was a blameless accident, based on the fact there was nothing he could do to avoid the impact. However, the concept of a blameless accident is not usually applied to cases where only a single vehicle is involved. 

If the driver is ruled to be at fault in this case, he won't be able to pursue motor accident compensation, as this can only be awarded in situations where incidents aren't directly caused by the victim's actions. 

To find out if your case is eligible for car accident compensation, contact the team at Gerard Malouf and Partners. 

Call us now on 1800 004 878 to book a free appointment with one of my compensation experts or email your enquiry.