Motor vehicle accidents can have a wide-ranging impact on a person’s wellbeing and ongoing health. Persistent conditions can make it harder to complete even minor daily tasks, while the financial burden of recovery can also weigh heavy on many people.
Fortunately, those injured in a vehicle accident are able to seek compensation from the responsible party’s compulsory third-party vehicle insurance, offering an avenue for those who might not have considered compensation before.
This was the case in a recent legal dispute heard by the District Court of NSW. The legal action followed a collision between two trucks in Prestons, NSW in which one truck was rear-ended by a second one. The driver of the first truck sought compensation for injuries sustained in the accident, with the courts awarding him $731,095.
Central to the case was the question of whether the injuries suffered by the driver of the first truck were the result of the collision or whether there were the result of previous accidents he had experienced.
There was also the question of responsibility – although the driver of the second vehicle stated he had briefly taken his eyes off the road prior to the crash, he contested that a proportion of the liability lay with the driver. In particular, the defence argued that the injured man failed to indicate prior to slowing down and turning, contributing to the accident.
In reaching a judgment, the court determined that the man did appear to have recovered from his pre-existing injuries, making it plausible that his existing wounds were the result of the accident.
The man’s compensation was also composed of a number of different costs, including loss of future earnings and previously lost wages. The court also awarded non-economic losses and a provision for ongoing treatment expenses and domestic assistance.
If you have been involved in an accident and wish to seek compensation for your ongoing expenses, make sure to consult with an accident lawyer. They will be able to provide specialised advice on your case and the process required for receiving a financial settlement following an accident.
