There are more than a hundred thousand people reported as injured on the roads in Australia every year with an average of three fatalities each day. The victims of negligence who may be drivers, passengers, pedestrians, motorcyclists or riders on bicycles should be made aware of their rights to claim compensation for any personal injury and loss sustained in an accident. An innocent victim can take legal action for an award of compensation for personal injury and loss against the negligent driver of a car even if the driver is a relative or friend. Immediately following the accident anyone suffering personal injury should attend a hospital or family doctor and as soon as possible thereafter should take advice from a solicitor. It is only possible under normal circumstances for an innocent victim to take legal action for compensation for personal injury against a negligent driver within three years of the accident. Our specialist personal injury solicitors deal with Rockingham car accident compensation claims using a risk free no win no fee scheme:-

'no win no fee - win or lose no charge - compensation paid in full'

Negligence

The term 'negligence' has many different definitions however one of the most common is as follows :

'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.'

To succeed in a Rockingham car accident compensation claim the victim of a motor vehicle collision must satisfy the following 3 conditions :-

1. It must be established that the defendant has a duty of care to the claimant. All road traffic accident claims are based on the presumption that all road users have a duty of care to all other road users and that the duty of care exists with no exception.
2. It must also be established that the duty of care had been breached by the defendant whose standard of skill and care falls short of the accepted standard that other prudent road users exhibit. There is no need for a conviction for a moving traffic offence in a criminal court to establish breach of the duty of care.
3. It must also be proven that the loss, damage and injury were directly brought about by the breach of the duty of care by the defendant.

Compensation

Compensation that can be received by those suffering personal injury from a Rockingham road accident fall into two types: special damages and general damages. Special damages represent compensation that can be accurately calculated whilst general damages represent compensation that need a degree of assessment by a judge. The road accident compensation covers the following items:

• pain and suffering
• wage loss both past and future
• loss of promotion or job opportunities
• loss of a congenial job
• disadvantage in the job market because of disabilities concurred from the accident
• inability of the victim to do daily tasks and general reduction of one’s leisure time
• loss of lifestyle
• out of pocket expenses
• medical expenses
• vehicle damages and insurance excess
• temporary vehicle hire until damaged vehicle is restored
• diminished value of the restored vehicle
• Interest

Time Limits

Compensation claims for personal injury damages are subject to time limits. A Rockingham car accident compensation claim should be settled or a summons should be issued in a court of law within three years of the date of the accident failing which the claim may be statute barred and the victim will lose the chance to claim compensation. There are some exceptions to the three year rule:

• if the claimant is below 18 years old at the time of the accident then the three year period will start running on the 18th birthday
• if the claimant is mentally incapacitated then the three year period will start running only upon recovery of full mental ability
• time does not start to run until the injury becomes obvious
• a judge may change the time limits

Evidence

Evidence is important in proving a Rockingham car accident compensation claim. If you have been involved in an accident you should deal with the following items :-

• obtain the personal details of those other drivers involved in the accident
• obtain contact details of any witnesses to the accident
• make a written report of the events that happened before, during and after the accident
• take photographs of the accident location and the of vehicle damage
• visit a hospital or go to a doctor if you were injured during the accident
• keep a daily diary and a record of the progress of the injury
• Keep records of all expenses (bills, invoices, etc)
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