Motor Vehicle
Cycle of Life – Personal Injury Claims in Queensland for Injured Bicyclists
Every year approximately 3,000 cyclists make personal injury claims after being involved in car accidents.
In this article, we discuss common questions that cyclists have in relation to their rights on the road, and their personal injury claims.
Cyclists and Riding on the Road
There are several major road rules that cyclists must abide by:
- When riding their bikes, cyclists must wear helmets that satisfy Australian Safety Standards(approved helmets comply with AS 2063 or AS/NZS 2063.
- Cyclists must avoid being a traffic hazard – i.e. they must not ride into the path of a driver or pedestrian.
- When riding, cyclists must ride as close as possible to the left side of the road or road shoulder.
- Cyclists must not overtake another vehicle on the left if it is not safe, and must not attempt to overtake if a vehicle is indicating and turning left.
- Cyclists must keep at least 2 metres between themselves and the back of a vehicle when following that vehicle for over 200 metres.
More rules are contained on the Queensland Government website – https://www.qld.gov.au/transport/safety/rules/wheeled-devices/bicycle
Cyclists and Pedestrian Crossings
In Queensland, cyclists are allowed to ride across pedestrian crossings at traffic lights. When they cross, however, they must wait for the green crossing light, ride slowly and safely, and give way to any pedestrian on the crossing.
If there is a “no bicycles” sign, then cyclists must dismount before crossing.
What if a Cyclist is not Wearing a Helmet During a Car Accident
Queensland law requires cyclists to wear helmets when riding bikes. If a cyclist is not wearing, or properly wearing, a helmet at the time of a car accident, then they are significantly more likely to sustain a more severe personal injury to their head and neck area.
When making a claim for personal injuries, a cyclist that has failed to wear a helmet, or take other reasonable precautions for their safety (such as wearing reflector tags, or using bike lights at night), could expect to see their available compensation reduced due to contributory negligence. Reductions in awards of compensation based on contributory negligence occur when injured people have contributed to their own injuries, or the severity of their injuries – e.g. if a cyclist that sustains a significant head injury after being in a car accident could have likely reduced the severity of their injury by wearing a helmet, then a court may find that they have contributed to their injury.
Personal Injury Claims
At Claimwise our mission is to help you save money on your legal fees. By starting your CTP claim with a traditional ‘No Win, No Fee’ law firm your total legal fees can end up being $10,000 or more higher than by using
If you or someone you know have been injured on the road in Queensland and want to keep your legal costs down, feel free to get in touch with us.
Be smart, claim wise.