If you’re a cyclist and have been involved in an accident on Perth’s roads, you might be able to make a compensation claim. Anyone with a bike knows the risks involved in driving on the Perth roads. Cyclists often have near misses or times when a car has nearly hit them or even cop abuse from drivers.
To learn about your rights as a cyclist after a bicycle accident with a car, you should chat to Lian Hall Injury Law. Motor vehicle accident injury lawyers Perth, like the experienced team at Lian Hall, can look at the details of your case and recommend the best course of action for maximum compensation.
Types of bicycle accidents
Accidents between cyclists and cars range widely, from low-speed clipping that causes a fall, dramatic dooring incidents, high speed crashes, pedestrians or joggers stepping in front of a cyclist, dogs running in front of a cyclist, and even deliberate road rage injuries.
Cycling on the busy roads of Perth can be unpredictable and the unfortunate reality is that cyclists need to be constantly aware of their surroundings. Statistics published by Department of Infrastructure show that over the last 5 years about 183 cyclists have been killed on West Australian roads, being an average of nearly 37 cyclists killed every year on West Australian roads. Interestingly the most dangerous days for cyclists are Mondays and Wednesdays, while weekends have lower accident levels. Most accidents happened between 0400pm – 07:00pm. That seems to suggest that most accidents happen to cyclists cycling to the office and back, and not necessarily to group cyclists on the weekend.
Regardless of the seriousness of the accident you should chat to motor vehicle injury lawyers Perth, who can assess whether a compensation claim is possible.
What is dooring, and why is it dangerous?
Dooring accidents happen between cyclists and motorists when a car pulls into a parking spot, the passenger or the driver opens their door without checking behind them, and the open door hits a cyclist coming up behind them. This can cause serious injury. Cyclists are often riding at speed and hitting an open door can throw the cyclist over the door, or cause the cyclist to veer into traffic or hit a curb.
Who is at fault
Australian Road Rules say that a person must not cause a hazard to any person or vehicle by opening a door of a vehicle, leaving a door of a vehicle open, or getting off, or out of, a vehicle.
This covers opening a car door, leaving a door of a car open, or getting off, or out of, a car. The rule also covers passengers exiting cars, stepping out of a bus and riders dismounting a motorbike.
If you are injured by the negligence of a passenger or driver opening a door, you should be covered by the Third Party Insurance held by the car. Even if as a cyclist you are faced with a sudden opening door, but you don’t hit the car but you swerve out of the way, and fall, hit the kerb, hurt yourself etc, you should still be covered by Third Party Insurance.
While the driver or passenger opening the door is always legally responsible, that is not necessarily the end of the issue. Experienced car accident compensation lawyers know that insurance companies and drivers sometimes argue that their door was already open, or, they had just pulled into the parking and the cyclists should have kept a safe distance when passing their car, or they say that they did check their mirror but the cyclist came up too fast. The insurance company will then deny liability and you will need to fight for your compensation.
Every traffic incident is different. As long as the cyclist took proper care when passing a car the cyclist should be covered by the Third Party insurance. If you have made a claim and you are having difficulty with the Third Party Insurance you should call Lian Hall for a free chat.
I’ve been injured in a dooring incident; what now?
Look after yourself
Regardless of the seriousness of your injuries, the first thing is to get medical help. Some injuries are not obvious so it’s important to check- in with your GP.
Gather details
If possible, get the contact details and car registration from the car driver. Get the name and telephone number of any potential witnesses who saw what happened. If possible, take a photo on your phone of the car and the place where the accident happened.
Report the crash
The next step is to report the crash. In Perth or Western Australia you can do this at www.crashreport.com.au This is an important step. You cannot make a claim for compensation until you have completed the online crash report at www.crashreport.com.au.
Get professional advice
Getting legal advice from personal injury lawyers is recommended. Working with a lawyer who specialises in car accident compensation will help you to look at recovering your lost wages, medical expenses, and other compensation. Lian Hall Injury Law is happy to help you on a no win no fee basis.
Make a claim
As your experienced motor vehicle accident injury lawyer Perth, Lian Hall can help you through the claims process. This is done with the statutory insurer in Western Australia, being ICWA.
Motor vehicle injury lawyers Perth
A traffic accident can be extremely traumatic, and as experienced personal injury lawyers we’re focused on helping you through this process by fighting for your rights. Receiving compensation is not just about proving a point, it’s about helping victims pay their bills and get their life back on track, something the team at Lian Hall is passionate about.
To learn about how we can help with traffic and dooring accidents, or for more information on our services as personal injury law specialists, get in touch today to book a free consultation.
