Adelaide Car Accident Solicitors - Injury Compensation lawyer

Our car accident solicitors are based in Adelaide and deal with personal injury claims throughout South Australia. If you have suffered personal injury in a motor vehicle accident as a result of negligence by as 3rd party as a driver, passenger, rider or pedestrian you should take urgent legal advice in order to preserve your right to receive damages for psychological trauma or personal injury. Our Adelaide lawyers deal exclusively in motor accident compensation claims and are able to offer free advice in conjunction with the no win no fee scheme which ensures a risk free settlement. Just enter your details in the on-line form or email our solicitors offices and you will be contacted by an Adelaide solicitor who will asses the strength of your claim and calculate the approximate amount of compensation that you are likely to receive. If you decide to move forward with your claim, we will contact the opponent’s insurers and outline full details including the amount being claimed. Should liability be accepted, the claim can be resolved otherwise a court case will be pursued to obtain compensation.

Many people who suffer a road accident don't know that if they have been injured in that accident they may be entitled to claim compensation for their injuries. The compensation is paid by the compulsory third party insurer under the CTP scheme.

Whether you are an injured driver, passenger, pedestrian or cyclist, you should ask us about your right to compensation. Our Adelaide motor accident solicitors are happy to discuss your claim and to provide No Win No Fee representation.

Drivers

Injured drivers can make a claim for compensation if they can establish that the cause of the accident was another road user. Car accidents can be caused by inattention, poor judgment or even recklessness on the part of drivers.

Drink Driving is one of the main causes of road deaths in South Australia. Each year over a third of drivers and riders killed in road crashes have a blood alcohol concentration over the legal limit. Driver fatigue is also particularly dangerous because one of the symptoms is decreased ability to judge our own level of tiredness.

Passengers

Injured passengers are able to claim full entitlements to compensation if they weren't to blame for the accident. If you are found to have partly contributed to your injuries, you may still be awarded compensation but at a reduced amount, for example, if you weren't wearing a seatbelt, or if you got into a car knowing that the driver is affected by drugs or alcohol.

Cyclists

Many fatalities involving cyclists occur when the cyclist is hit from behind by a motor vehicle, or where the cyclist is either riding through the intersection on the road or moving from the footway onto the intersection. If the cyclist is totally to blame for the accident, they will not be entitled to compensation. If however the cyclist was only partly to blame, they can still get some compensation. A cyclist that is an innocent victim of a road accident will be entitled to the full amount of compensation.

Motorcyclists

The same principles of liability and negligence apply to motorcycle accidents as with other types of accidents e.g. cars and cyclists. The most critical injuries to motorcycle riders are brain injuries, followed by upper body and leg injuries.

Pedestrians

Pedestrians sometimes ignore traffic signals whilst crossing roads, or are mentally impaired by drugs or alcohol when walking into traffic. Pedestrian accidents can also occur when a pedestrian is standing at a crossing or footpath and is hit by an out of control car or by projection of a moving vehicle (such as a mirror); or where a car reverses onto a footpath hitting a pedestrian. Age can also affect judgment. Young children may run out into traffic; elderly pedestrians may have difficulties judging traffic and crossing the road.

A fair proportion of road users are considered vulnerable (e.g. pedestrians, cyclists, scooters and skaters, the elderly and the young) in that they do not have the protection of a rigid vehicle, they often move more slowly and are not as visible as others. Vulnerable road users have the right to be safe on the road and the right to compensation if injured by the negligent acts of another person.

Road Accident Types

If you have been in injured in a road accident, it is important that you report the crash to Police within 24 hours of the incident and if your car is damaged, contact your car insurance company. If you have any pain, discomfort or injuries you should see a doctor immediately.

Front impact or head on collisions can cause severe injuries, especially when there are no airbags, no padding, and no head rests.

A rear end collision often results in whiplash, chest, spine and knee injuries. In South Australia more than 2,500 people suffer whiplash in road accidents each year, representing roughly 45% of all Compulsory Third Party insurance claims.

A side impact collision often occurs at an intersection. Severe injuries such as brain damage, head and neck injuries, spinal cord damage, and pelvic fractures are common in these types of accidents, particularly if the vehicle has no side air bags.

A rollover accident is considered to be one of the worse. Rollovers often occur when taking a corner at high speed. This type of accident often results in fatalities.

In addition to physical injuries, road accident victims often suffer from psychological trauma such as post traumatic stress, adjustment disorder, depression and panic attacks. Medication and/or counseling are often needed to help the victim deal with psychological anguish following the accident.

Motor Accident Compensation

Road accident victims can claim compensation from the CTP insurance company Allianz Australia. Allianz is currently the sole insurance company acting on behalf of the Motor Accident Commission for all claims where a person is injured arising from an accident involving a motor vehicle registered in South Australia. Our lawyers are experts in preparing and lodging claims with Alliance/Motor Accident Commission. If you would like free legal advice, contact us today.

In South Australia, injured road users including drivers, pedestrians, motorbike riders and cyclists can obtain compensation for injuries according to degree of fault.

Compensation may be claimed for:

• The cost of future treatment.
• Cost of medications.
• Travelling expenses to and from treatment.
• Loss of wages.
• The cost of home care assistance (help with cleaning and gardening).
• Non-economic loss (e.g. pain and suffering).
• Reasonable medical, hospital and rehabilitation costs (including physiotherapy, chiropractic, hydrotherapy, massage, gym program).

If you are injured in a hit and run accident it is possible to make a claim against the Nominal Defendant.

In a fatal car accident, family members may sue for wrongful death compensation which includes compensation for funeral and burial expenses and loss of dependency.

Damages Awards

• General Damages

  • General damages are intended to compensate for losses that need to be assessed including pain, suffering and mental trauma caused by injury. Also taken into account is any loss of function resulting from the accident, such as loss of sight or the use of a limb. Compensation for general damages is a difficult item to calculate since it involves an assessment of the victim’s physical and mental trauma. Awards of general damages are normally based on precedents set by previous cases.

• Special Damages

  • Special damages are easier to calculate since they reflect the victim’s financial loss and additional expenditure as a result of the accident which includes loss of earnings, both to-date and in the future, in the event that the victim cannot properly carry out their previous job. Special damages also cover the cost of medical treatment plus any other expenses and losses.

Injury Compensation Time Limits

There are time limits in South Australia and a claim for compensation for personal injury must normally be settled or legal proceeding must have been issued in a court of law within three years of the incident giving rise to the injury. There are exceptions to this general rule for minors and the mentally disabled. If you are in any doubt about time limits our Adelaide motor accident lawyers will give you clear unequivocal advice in plain English on time limits, liability issues, the chances of making a successful claim and the potential value of a compensation award.

Time limits to lodge a claim do apply, depending on your age and situation. Generally speaking, there is a 3 year time limit from the date of the accident to lodge a claim. If you are under 18 years of age at the time you were involved in the accident, you have until the time you reach 18 years plus 3 years.

Fatal accident claims for financial dependency must be lodged within 3 years of the date of death.

It is best to make a claim as soon as possible. If you are unsure whether you can still make a claim, contact our lawyers who will advise you of the applicable time limit in your situation.

Contributory Negligence

Our Adelaide car accident solicitors are able to represent passengers, drivers, riders and pedestrians in compensation claims for personal injury. The doctrine of ‘Contributory Negligence’ means that if you were partly to blame for causing an accident you can still claim partial damages for injury against the 3rd party driver who was also partly to blame.

Evidence Preservation

The success of a personal injury compensation claim will largely depend on the evidence you can put forward. It is vital, therefore, that you record in detail every relevant fact relating to the incident. You should do this without delay so that all of the information is fresh in your mind. Also, be sure you record the registration numbers of all vehicles involved in the accident and get contact details for every witness.

Adelaide Car Accident Solicitors

You may be able to claim compensation if you have suffered injury or financial loss as a result of a road traffic accident in Adelaide. Our Adelaide car accident solicitors deal exclusively with personal injury claims and their focus is on ensuring that accident victims receive the compensation to which they are entitled. To get legal advice at no cost from one of our Adelaide solicitors just complete the on-line contact form or email our offices. You will then be contacted at the earliest opportunity by a specialist personal injury solicitor who will advise you on the strength of your case. All potential claims are taken on a no win no fee basis and you will not be required to pay any charges as your claim progresses.

The author of the substantive medical writing on this website is Dr. Christine Traxler MD whose biography can be read here