Frequently Asked Questions
You need to check the relevant legislation in your State and Territory, as the rules are different in each jurisdiction.
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What does negligence mean?
- Negligence is the term used to refer to a failure to take proper care.
- The courts have increasingly recognised relationships in which parties have an obligation to avoid causing harm to others whether to their person, their property or to their economic interests.
- In determining whether your conduct is negligent the law expects that people will act not perfectly but reasonably.
- A person who fails to act reasonably and thereby causes harm to another must compensate that person for any loss suffered.
- That does not mean that in all circumstances failure to take reasonable care will create rights in all persons suffering loss.
- As a matter of policy the courts must impose limits on the extent of your responsibility.
- You can use our free and anonymous Ask a Lawyer service if you have a particular issue you want to know more about.
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What are my legal responsibilities as a road user?
- It is well established that a duty of care is owed by everyone using the road to every other road user as well as to people and property adjacent to the road.
- If you are driving carelessly on a public road it is reasonably foreseeable that the range of people you are likely to affect may extend to:
- drivers and passengers in and owners of other vehicles;
- pedestrians;
- cyclists;
- people on adjoining footpaths; and
- owners, occupiers of and people inside properties immediately adjacent to the road.
- Even a police driver may owe a duty of care to a person who is being pursued because they are suspected of driving a stolen vehicle as well as to other innocent users of the road.
- As an owner of a vehicle you owe your passengers a duty in respect of the condition of your vehicle as well as the manner in which you drive it.
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I am holding an off-road motorcycle event. What are my responsibilities as the organiser?
- Motor vehicle accidents commonly occur during off-road or rally events.
- Organisers of events like these owe a duty of care to people taking part and spectators to ensure the design of courses and signage are appropriate for a sport that carries with it in-built dangers.
- A lawyer can assist you by ensuring you have complied with all the necessary regulations, insurance requirements and that appropriate contractual limitations on your liability are put in place. You can use our LegalPlan™ membership to call for tenders or Fixed-Fee Quotes from experienced lawyers who may be able to assist you with this.
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How long can accident claim compensation take?
- The length of time for a claim for accident compensation will be determined by the factual circumstances of the accident.
- In particular it may be influenced by the physical injuries that you have experienced as a result of the accident.
- Where minor injuries are present a claim can take between 6 to 12 months.
- Where moderate injuries have been sustained a claim may take 8 to 14 months.
- Accidents that result in major injuries to a victim may mean that a claim for compensation may take as long as 12 to 18 months depending upon the stabilisation of the injuries.
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I was involved in an accident. While I accept some of the blame I do not think that I am responsible for all of it. What can I do?
- The law recognises that there may be times when the person who sustained the injury has contributed towards the accident.
- In cases such as these the court may reduce the amount that someone has to pay because they have contributed to the negligence.
- In rare cases the court may reduce it by the amount of 100% if it considers it is fair to do so.
- An experienced accident compensation lawyer can assist you with the issue of contributory negligence. Our free Find a Lawyer directory provides contact details for lawyers who may suit your needs.
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If I return to work after I have had an accident but before my claim has settled will it affect my claim?
- The law says that each person should take all reasonable steps to mitigate their loss.
- This means that you should make a reasonable attempt to keep your losses to a minimum and rehabilitate yourself after an injury or accident.
- You need to be sure that when you return to work you are able to carry out the same duties as beforehand.
- If not you should talk to your employer about alternative positions and duties that allow you to work.
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I had an accident while I was intoxicated. Does this affect my ability make a claim?
- In general the fact that a person is intoxicated at the time of the accident does not affect their ability to make a claim.
- It can sometimes mean that the amount of damages awarded may be reduced for contributory negligence.
- It is important that you discuss any potential claim for accident compensation with a lawyer. You can use our Phone a Lawyer service to get a preliminary consultation about your situation.
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What information will I need to make a claim from an accident?
- It is best to discuss what information you will need when you make an appointment to see a lawyer.
- In general you will be required to provide:
- the date, time and location where the accident took place;
- the details of other people involved in the accident;
- the details of any witnesses to the accident;
- the details of any vehicles involved in the accident;
- contact details for any police interactions including any event numbers;
- details of any medical assistance you have required including hospital visits;
- details of any wages you have lost;
- copies of any medical bills including pharmacy receipts; and
- details of any payments you have received including Centrelink payments.
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