Motor Vehicle Accidents
Author:
Andersons Solicitors
Publish Date: December 2, 2008
In 2007, there were 125 deaths on South Australian roads. Many more road users experienced serious personal injury as a result of motor accidents.
Such deaths and injuries place significant financial burdens on victims and their families alike as well as creating a great deal of suffering.
The fact is that most of these accidents are avoidable and a substantial number are caused by negligence.
If you have suffered personal injury in a motor accident and the accident was caused wholly or partly by the negligence of another person, you are entitled to seek compensation. You may also be entitled to compensation if your spouse, parent, child or sibling has been killed in such an accident.
To prove negligence you must show that the accident happened because the other driver failed to take reasonable care. Examples of failure to take reasonable care might include driving while drowsy, drink or drug driving, exceeding the speed limit, or driving an unsafe vehicle.
However, sometimes it is not easy to prove negligence. It is therefore important to seek legal advice as soon as possible. This allows your lawyer to ensure that the evidence to support your claim is properly collected. For example, it may be necessary to examine damaged vehicles before they are repaired to determine their condition at the time of the accident. It is also important to record the statements of witnesses while events are still fresh in their mind.
Another reason for seeing a lawyer promptly is that personal injury claims must be commenced within 3 years after the occurrence of the injury.
All in all, it is a good idea to explore your legal options immediately. We can discuss your legal options with you in a free no obligation initial 30 minute consultation.
The amount of your claim will be based on the amount of your economic losses, such as treatment expenses, loss of earnings (other than during the first week) and costs of care, and your non economic losses such as pain and suffering, disfiguration, loss of amenity and loss of expectation of life.
Personal injury forms a substantial part of Andersons' practice. Our experienced team is expert in the complex field of quantification of loss in personal injury cases and will ensure that your claim is comprehensive.
In South Australia each motor vehicle must be covered by compulsory insurance provided by the Motor Accident Commission. This means that you can recover compensation for your injuries even if the other party doesn't have enough money to pay it. There is also a "nominal defendant" scheme which means that you can recover compensation if the other vehicle was uninsured, or cannot be identified.
If you have been offered an amount of compensation by the Motor Accident Commission's claims manager, we strongly advise you to seek our advice, as it is our experience that Andersons can obtain an increased award of compensation for you.
If you have suffered injury in a motor vehicle accident where another party was at fault, please contact Andersons 1800 653 655 to arrange a free, no obligation initial consultation with one of our motor accident personal injury specialists.
