Cycling is a popular mode of transport and recreation in Queensland, but it comes with risks, especially when sharing the road with motor vehicles. If you are hit by a car or vehicle while cycling, it is crucial to know the steps to take to ensure your safety, gather necessary information, and protect your legal rights.
This guide provides a step-by-step approach to follow if you are involved in a cycling accident in Queensland, including what to do if the vehicle does not stop and you cannot get their details.
At the Scene of the Accident
1. Ensure Your Safety
- Move to a Safe Location: If you are able, move yourself and your bike off the road to avoid further danger. If you suspect a head, neck, or spinal injury, try not to move and wait for medical assistance.
- Check for Injuries: Assess your physical condition and determine the extent of your injuries. Even if you feel fine, some injuries may not be immediately apparent due to shock or adrenaline.
2. Call for Help
- Contact Emergency Services: Dial 000 to call for an ambulance and police. It is important to have a police report for any potential compensation claims.
- Ask for Assistance: If you are unable to call yourself, ask a bystander to call for help on your behalf.
3. Gather Information
- Exchange Details: If the driver stops, exchange names, addresses, contact details, vehicle registration numbers, and insurance information. This is legally required and essential for any future claims.
- Collect Witness Information: Obtain the names and contact details of any witnesses who saw the accident. Their statements can be crucial for your claim.
- Take Photos: Document the scene by taking photos of your bike, the vehicle involved, the road conditions, and any visible injuries. These photos can serve as evidence.
4. Report the Accident
- Police Report: Ensure the police create an official report of the accident. Obtain the police event number, as this will be needed for your compensation claim.
If the Vehicle Does Not Stop
- Try to Get Details
- Note the Vehicle Description: If possible, try to remember and note down the make, model, colour, and registration number of the vehicle. Even partial details can be helpful.
- Look for Witnesses: Ask any witnesses if they saw the vehicle and can provide additional details. Their accounts can be vital in identifying the driver.
- Report to the Police
- File a Report: Report the hit-and-run incident to the police as soon as possible. Provide them with all the information you have gathered, including witness statements and any vehicle details.
- Nominal Defendant Claim: If the driver cannot be identified, you may be able to make a claim against the Nominal Defendant, which handles compensation claims when the at-fault party is unknown. This must be done within nine months of the accident.
After the Accident
1. Seek Medical Attention
- Visit a Doctor: Even if you feel fine, see a doctor to get a thorough medical examination. Some injuries may not be immediately apparent. Keep all medical records and receipts as they will be needed for your claim.
2. Notify Your Insurer
- Inform Your Insurance Company: If you have personal injury insurance or bike insurance, notify your insurer about the accident and provide them with all relevant details.
3. Lodge a Compensation Claim
- Accident Notification Claim: Lodge an accident notification claim with the at-fault driver’s Compulsory Third Party (CTP) insurer within 28 days of the accident. This can provide up to $5,000 for immediate expenses.
- Personal Injury Claim: If your expenses exceed $5,000 or your recovery time is longer than six months, lodge a personal injury claim with the CTP insurer. This claim can cover medical expenses, loss of earnings, and other damages.
4. Seek Legal Advice
- Consult a Lawyer: Contact a personal injury lawyer who specialises in cycling accidents. They can guide you through the motor vehicle accident claims process, help gather evidence, and ensure you receive fair compensation. Smith’s Lawyers team are experts in cycling injury compensation claims.
Conclusion
Being involved in a cycling accident can be a traumatic experience, but knowing the steps to take can help you manage the situation effectively. Ensure your safety, gather necessary information, report the incident to the police, and seek medical attention.
If the vehicle does not stop, try to gather as much information as possible and report the hit-and-run to the police. Finally, consult with a personal injury lawyer to help you navigate the compensation claim process and protect your legal rights.
For personalised advice and assistance with your claim, contact Smith's Lawyers at 1800 960 482 or request a free case review online.
If you've been injured in a road accident in Queensland, Smith's Lawyers is here to help. Our expert team handles CTP claims for all types of road users, including drivers, motorcyclists, passengers, cyclists, and pedestrians. We offer risk-free assistance across the entire state, including Brisbane, Gold Coast, Sunshine Coast, Logan, Ipswich, and regional cities like Cairns, Toowoomba, and Townsville. No upfront costs.
