There are over 100,000 road accident casualties reported every year in Australia and an average of 3 people die in a motor vehicle accident every day. The majority of these victims are the drivers and their passengers however cognisance should be taken of the fact that pedestrians, cyclists and motorcyclists are very exposed and often suffer very severe injuries. The number of fatalities amongst pedestrians, cyclists and motorcyclists involved in road traffic accidents is proportionally higher than the number of deaths of the drivers or passengers. If you are the victim of another driver's negligence or reckless driving, you are entitled to make a Bathurst motor accident compensation claim in order to compensate for any injuries you might have suffered.

If you were injured as a passenger you can make a compensation claim, regardless of your relationship with the driver. In order to start a Bathurst car accident compensation claim certain requirements must be met. The time requirement states that the claim must be made within 3 years of the accident whereas the cause requirement states that the accident must have been caused by the recklessness or negligence of another person.

Our specialist personal injury solicitors offer a 'no-win-no-fee' service which is without financial risk. We ensure that you receive the full amount of the compensation without deduction. If the case is lost there is no charge.

Negligence

The word 'negligence' has received numerous definitions in the past but one of the most noteworthy is as follows :-

'Negligence is the failure to do something which a reasonable person (guided by ordinary considerations) would do; or the doing of something which a reasonable and prudent person would not do.'

In order to justify a Bathurst car accident compensation claim, it is necessary for the potential claimant to show that the following elements existed :-

• The defendant must owe the claimant a duty of care. In the case of road traffic accidents all road users owe each other a duty of care.
• Proof must be presented that the defending driver has breached the duty of care. This means the driver has not exhibited a reasonable degree of skill and care when compared to other prudent drivers.
• Finally it must be proven that a loss, damage or injury resulted from and is directly attributable to the breach of duty. Certain losses may, however, be considered to be remote due to them being unforeseeable.

Compensation

Compensation awards are categorised as either 'Special Damages' which can be calculated accurately or 'General Damages' which require assessment by a judge. Bathurst car accident compensation claim awards may include the following items :-

• pain and suffering (including long term physical damage)
• loss of wages (for current and future expenses)
• compensation for loss of promotion or other job opportunities
• loss of a congenial job or inability to continue with such a job due to disability or continuing illness
• disadvantage in the labour market due to any disability caused by the accident
• inability to carry out daily tasks thereby reducing the enjoyment of leisure time
• loss of the enjoyment of current lifestyle
• expenses incurred as a result of the illness or continuing disability
• expenses for physical treatment of short-term and long-term damage
• damage to vehicle and insurance excess
• vehicle hire whilst awaiting repairs
• diminution in value of a repaired vehicle
• interest on any losses either from the date of the accident or the date of issue of legal proceedings

Time Limits

There are time limits on almost all claims for damages. The general rule is that a Bathurst personal injury compensation claim must have either been settled, or proceedings must have been issued in a court of law within three years of the incident that caused the injury failing which the claim will be statute barred and the opportunity to claim compensation is lost.

The 3 year period starts either when the accident occurs or when medical examiners have given a diagnosis of a hidden injury sometime after the accident date.

Exceptions to the 3-year rule include :-

• If you are under 18 years of age the 3 year period would start on the date of your 18th birthday.
• Individuals afflicted by cognitive disability are not affected by the 3 year period which only starts to run when the individual regains full mental capacity.

Evidence

If you were involved in a Bathurst motor accident, it is important that you ensure you can provide evidence. Immediately following the accident, you should exchange personal details with all parties involved and make a written record of events before and after the accident. It is also important that you ensure that you have any eyewitness contact details. Photographs of the location and any damaged vehicles are important. If you have been injured you should visit a hospital or your family doctor as soon as possible to ensure that there is recorded evidence of your injury. You should keep a diary of subsequent events including the progress of your injury and keep a written record of all expenditure together with bills and invoices where applicable.