While many of the personal injury claims made by cyclists often involve an accident with a vehicle, pushbike riders are not solely at risk from motorists. A collision with a vehicle can be one of the most dangerous types of accident for a cyclist, though they should also take care around other cyclists.
The NSW Police Force restated the need for more care between riders after an accident left a cyclist lying injured on a motorway.
On Friday 3 July at approximately 6.20 a.m., a male cyclist collided with another pushbike rider while travelling eastbound on the M2 Motorway. The man is thought to have made contact with the bike in front of him and he fell onto a lane of the motorway.
Injured and unable to move out of the way of the early morning traffic, the 55-year-old man was assisted by a truck driver, who parked his vehicle to block oncoming vehicles and provided assistance until an ambulance arrived.
After being found to have suffered a concussion and lacerations to his head, arms and legs, the cyclist was taken to the Royal North Shore Hospital in a stable condition.
Police advise cyclists to take care
Following the incident, the NSW Police Force published a media release with information for cyclists on how to minimise the risk of accidents when out on a pushbike.
These tips included:
Understanding that cyclists are allowed to ride two abreast on roads
Being aware of the speed other cyclists can travel at and avoiding cutting them off
Obeying the general rules of the road
Giving clear hand signals
Wearing bright, light or reflective clothing and using lights when cycling in the dark
Acting Assistant Commissioner Stuart Smith of the Traffic and Highway Patrol Command added that the risk of an accident cannot be removed entirely, and noted that cyclists are often prone to injury following a collision.
“This type of incident can happen at any time, and cyclists are more difficult to see than cars or trucks – especially at night, and they are more vulnerable to injury because they are less protected than car or truck occupants,” he explained.
What to do if you’ve been in a cycle accident
Although the police are not taking any further action with the aforementioned incident, the case outlines the level of vigilance that riders should have when cycling around New South Wales.
Cyclists in the state are not required to hold a licence or registration, so a pedestrian or other rider injured by cyclist will have to pay for their own medical fees and the subsequent costs associated with any downtime/illness.
This is contrary to cyclists or pedestrians who are injured by a motorist, with injury compensation supported by the motor vehicle accidents act and experienced injury lawyer across the state.
A: If you’ve had a motor car accident, stop your vehicle and turn on your hazard lights. Make sure nobody is injured, and if so, call emergency 000 and remain at the scene of the accident. If it’s a minor incident you don’t need to call the police, but move the damaged cars if possible. Never admit responsibility even if you think you were at fault. Collect name, address, registration number and insurance details from the other parties and get witness details if possible.
A: Motor accident compensation claims are normally finalised after you’ve recovered, or your injuries have stabilised. It can take some people longer to recover than others – from days to years – which determines the length of time it can take to finalise a claim. Also, your injuries may not always appear immediately after the accident and can take some time to appear, in some cases, years.
A: In a carpark, anyone driving in the lanes has the right of way, so if you’re the one pulling out of the car space and hit another motor vehicle, you are likely to be the majority at fault in the accident. However, since both cars are moving, both drivers might hold some responsibility. But if you hit a parked car, you are likely at fault.
A: When lodging a claim for compensation after a motor vehicle accident it’s best to do it as soon as possible. However, it isn’t always feasible if you were severely injured and couldn’t file a claim straight away. There are time limits, however, so get someone to call a lawyer at PK Simpson for you to lodge a claim at least within six months of the crash.
A: The length of time you have to make your claim depends on the jurisdiction.
TPD claims – these may be commenced up to 10 years after you’ve stopped work. TPD claims are very technical and you may have more than one TPD claim.
Car accident claims – A personal injury claim form should be filled in and sent to your CTP insurer as early as possible, but must be no later than six months from the date of your accident. HOWEVER, out of time claims may be made. New NSW CTP laws have made it difficult for injured people and many law firms still do not understand how to run new claims under these laws – so call us at PK Simpson Sydney as soon as possible.
Workers compensation claims – You should contact a lawyer within six months of the accident. But remember, out of time claims can be handled by PK Simpson Sydney. We can help you get the treatment required to build your claim.
Slip ‘n’ fall/occupiers liability claims – Your claim must be lodged usually within three years of the date of your accident.
Medical Negligence – within three years of the date of when the cause of action was discoverable to our client OR 12 years from the time of the act or omission which caused the injury through negligence.
A: At PK Simpson compensation lawyers we operate on a no-win, no-fee basis. However, for detailed information on the legal costs that can be charged for statutory benefits CTP Insurance car accident claims in NSW click on this link.