Case Study: Motor Vehicle Accident Causes Injury to Cyclist

Mr Smith made a claim for damages for personal injuries and consequential loss suffered by him as a result of a road traffic accident which occurred on 8 May 2011. This case was put before the courts and is known publicly as Smith v Moore Anor QDC 273.

A 26-year-old at the time of the accident, Mr Smith was riding his pushbike in West End when a motorist accidentally opened his parked car driver’s side door into Mr Smith’s path. Mr Smith swerved unsuccessfully to avoid collision and as a result was thrown from his bike over the handlebars.

Mr Smith sustained a fracture to his left index finger and a lower back injury. Mr Smith was taken to the Mater Hospital after the accident where he remained for four days and surgery was performed on his finger. It was accepted by the 2nd defendant that the plaintiff suffered an injury to his left index finger. However, the 2nd defendant did not accept that the plaintiff suffered an injury to his lumbar spine as pleaded, or at all.

At the time of the accident, Mr Smith was studying full time for a Bachelor of Urban Development which he had commenced in 2009. Mr Smith, who was qualified as an Aircraft Maintenance Engineer, was also working in that field part time.

The matter was appealed to the District Court, Brisbane on 3 December 2014, where Her Honour Judge Ryrie ordered judgment for Mr Smith in the sum of $66,962.45.

How do I know if I’m able to make a car accident claim?

There are legal options if you have suffered a motor vehicle injury. Compensation claims can be made through the courts, which can be successful if it’s proven that you suffered because of someone else’s negligence.

I think I have a car accident claim, what should I do next?

It’s important that you contact a motor vehicle lawyer with experience in car crash compensation claims as soon as possible to make sure your interests are looked after.

The Shine Lawyers motor vehicle law team will be able to advise you of your entitlements. Advice is obligation free, and your lawyer can come to you at home or hospital.

The Shine Lawyers No Win No Fee policy is available for motor vehicle claims. This is designed to help people whose financial circumstances might otherwise deny them access to legal representation.

Read more about Shine Lawyers services