As cycling continues to grow in popularity across New South Wales, understanding cycling safety and legal rights becomes increasingly important. Recent incidents have highlighted the need for both cyclists and motorists to exercise caution on our roads. This guide examines a significant case study, provides essential safety tips, and outlines the legal framework surrounding cycling accidents in NSW.
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Cycling Safety and Accident Information
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.
M2 Motorway Incident
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.
Essential Safety Tips
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.”
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.
Legal Rights and Compensation
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 lawyers across the state.
Need Legal Assistance?
To learn more, speak to an expert at a PK Simpson office near you, or call (02) 9299 1424.
Frequently Asked Questions
When lodging a claim for car accident injury 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 car accident 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 6 months of the crash.
See above. However, the length of time you have to make your claim depends on the jurisdiction.
For instance:
- 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.
Motor accident compensation claims for car accident personal injury 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.
At PK Simpson, our legal service has the best car accident lawyers who deal with all kinds of car accident claim payouts and compensation, and we operate on a no-win, no-fee basis. Motor vehicle compensation can be tricky, so you need professional help to make a claim. Be aware, though, that you need detailed information on the legal costs that can be charged for statutory benefits CTP Insurance car accident claims in NSW, so click on this link.
If you’ve been injured in a car accident, the police must be notified as soon as possible but within 28 days. You will need to complete a Motor Accident Act Personal Injury Claim Form or get help from PK Simpson car accident lawyers to do so.
You will need to consult a doctor or hospital and get a medical certificate. Gather the certificate and all the receipts and accounts you accrued for your medical treatment and any out-of-pocket expenses. This documentation, plus the police report, is sent to the CTP insurer of the motor vehicle you believe is at fault. You will receive a CTP reference number, and a decision will be made to ascertain who was liable.
If liability is accepted, the insurer is obliged to pay for the following:
- Reasonable or necessary hospital, medical, rehabilitation, pharmaceutical, respite care and attendant care expenses.
- Reasonable and necessary travel and accommodation expenses associated with any treatment or rehabilitation provided’
If the CTP insurer denies liability, you should contact your solicitor immediately. To be sure, it’s best to see a lawyer to handle your claim.
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 the other parties’ names, addresses, registration numbers, and insurance details and get witness details if possible.
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.
Explore our comprehensive resources on traffic accidents to better understand your rights and the complexities of these cases.
Types of Traffic Accidents
- Car Accident Claims
- Motorcycle Accident Claims
- Bicycle Accident Claims
- Pedestrian Accident Claims
- Passenger Accident Claims
- Public Transport Accident Claims
Compensation Information
- Understanding Compensation Claims
- Accident Compensation Guide
- Motor Accident Compensation Claims in NSW
- Not At Fault Car Accident Compensation
Legal Resources
Related Blog Posts
- What To Do After a Car Crash
- 7 Step Process for Car/Motor Vehicle Accidents
- Car Accidents in Sydney and The Compensation Procedure
- Time Restraints for Motor Accident Injury Claims
- Psychological Injuries After Car Accidents
Additional Resources
- NSW Car Accidents
- Blameless and Inevitable Car Accidents
- Non-Minor Injury Car Accident & CTP Claims in NSW
- Requirements for Making a Motor Vehicle Accident Claim
- What Are NSW's Drink Driving Limits?
For expert legal advice on traffic accidents and to discuss your potential claim, contact PK Simpson today. We're here to help you understand your rights and get the compensation you deserve.