QLD Motorbike Accidents: Statistics, Injuries & Claims

Best Injury Lawyers Insights  |  February 27, 2024
motorbike lying on side

Riding a motorbike in Queensland is an amazing experience. It’s all about the feel of the open road, the wind, and the excitement that comes with it. But, it’s also important to remember that riding comes with its share of risks. The roads in Queensland can be tricky, and unexpected things can happen, no matter how careful you are.

That’s why it’s important to know what to do if things go wrong. If you ever find yourself in an accident, knowing your legal rights and how the claims process works can make a big difference. So, enjoy your rides while being smart about staying safe and informed, just in case you need to take action after an accident.

How many motorbike accidents happen in Queensland per year?

In 2023, Queensland saw a concerning rise in motorcyclist fatalities, with 51 lives lost by August 11, compared with 40 in the same period the previous year.

Motorcyclists accounted for 31% of QLD road fatalities as of July 2023, significantly higher than the national average. According to data from the Queensland Government, 9.1% of accidents on Queensland roads of all types of severity involve a motorbike. ​

These stats highlight the critical need for motorcyclists to prioritise safe riding practices, including adapting to road conditions, maintaining skills, wearing safety gear, and ensuring you’re well-rested for a journey.

Motorcycle accidents are common in QLD, but knowing what to do if you’ve been in a crash helps ensure you receive the compensation you’re entitled to.

What should you do after a Motorcycle Accident?

Many of us don’t think about what to do after a road accident until we have to. But understanding what to do when an accident happens can save you a lot of hassle when it comes to minimising damage and going through the claims process. Here’s what to do if you ever find yourself in that situation:

1. Ensure Safety First

Immediately after an accident, your priority should be safety. Move away from traffic to prevent further incidents, but only if you can do so without worsening any injuries.

2. Assess Injuries

Check yourself and others for injuries. Even if injuries seem minor, they can be more serious than they appear. It’s essential to seek medical attention quickly and make sure all injuries are properly looked at.

3. Contact Emergency Services

If there are any injuries, significant damage, or a hazard to others, dial emergency services immediately. Police documentation can be vital for insurance and legal processes.

4. Document the Scene in Full

Use your phone to take photos of the accident scene, including:

  • All vehicles involved
  • Any visible injuries
  • Road conditions

This visual evidence can be crucial for insurance claims and legal matters.

5. Exchange Information

Swap contact and insurance details with all other parties involved in the car accident. Note down names, addresses, phone numbers, licence plate numbers, and insurance policy details.

6. Gather Witness Information

If there are any witnesses, get their contact details. Accounts from people who saw what happened can be invaluable in piecing together and proving how the accident occurred.

7. Report the Accident

Depending on how serious the accident was, you may need to report it to local police and your insurance provider. Understand the reporting requirements in your area and follow them closely.

8. Seek Legal Advice

Consult with a specialised motorbike accident lawyer, especially if there are disputes about fault or complexities in your claim. Legal expertise can navigate the intricacies of motorbike laws and insurance policies, ensuring your rights are protected and you receive fair compensation.

Why is evidence important for a motorcycle accident?

The information and evidence you collect right after the accident will be used for any claims or legal actions. They help establish the facts, determine liability, and support your version of events. All of this influences the outcome of insurance claims and potential legal proceedings.

Taking these immediate steps can significantly impact your safety, recovery, and financial compensation after a motorbike accident. Being prepared and informed means you can handle the situation properly, safeguarding your interests and well-being.

The Claims Process for Motorbike Accidents

1. Filing Your Claim

Start by filling out a CTP claim form (referred to as a Notice of Accident Claim form), available from the Motor Accident Insurance Commission’s website. Provide details about the accident and your injuries. Submit this form to the CTP insurer of the vehicle involved in the accident.

2. Claim Lodgement Confirmation

Once you’ve submitted your claim, the insurer will acknowledge receipt. They’ll confirm if your claim form is complete and if they’ll cover initial rehabilitation costs.

3. Rehabilitation and Medical Treatment

If the insurer accepts liability, they’ll cover necessary medical treatments and rehabilitation costs. It’s vital to keep all medical documents and receipts for reimbursement.

4. Liability and Compensation Assessment

The insurer will assess who’s at fault for the accident. This step can take time as it involves reviewing all evidence, including police reports and witness statements. If the insurer accepts liability, they’ll negotiate compensation for your injuries, lost wages, and other damages. If the claim cannot be resolved, then you have the option of taking the insurer to Court and getting a judgement against them.

5. Final Settlement

Once an agreement is reached on compensation, the claim is settled. It’s important to understand the settlement terms thoroughly, possibly with legal assistance, to ensure it covers all your needs.

This process can be complex, so consider consulting a legal professional specialising in CTP claims to guide you through it and ensure you receive the compensation you deserve.

Common Injuries and Compensation in Motorbike Accident

Motorbike accidents can result in a range of injuries, from minor scrapes and bruises to more severe injuries like fractures, head trauma, and spinal damage. The nature of riding a motorbike means that riders are more exposed and, therefore, more susceptible to injuries that can have lasting impacts on their lives.

Types of Injuries

  • Fractures and Broken Bones: Often occur in the arms, legs, and ribs due to the force of impact.
  • Head and Brain Injuries: Even with a helmet, riders can suffer concussions or more serious brain injuries.
  • Road Rash: Sliding across the pavement can lead to severe skin abrasions, requiring extensive treatment.
  • Spinal Injuries: Can range from herniated discs to spinal cord damage, potentially leading to paralysis.

Compensation

When it comes to compensation, several factors are considered to cover the full extent of your losses and damages:

  • General Damages: Compensation for pain, suffering, and loss of enjoyment of life. The amount can vary greatly depending on the injury’s severity.
  • Medical Expenses: Covers past and future medical treatment, including hospital stays, surgeries, medications, and rehabilitation.
  • Loss of Income: If your injuries prevent you from working, you may be compensated for lost wages and future earning capacity.
  • Other Expenses: May include costs related to home modifications, transportation, and caregiver expenses.
  • Legal costs: May include a payment from the insurer towards your legal costs, depending on the size of your claim.

It’s important to have realistic expectations regarding compensation amounts, which can vary widely based on the specifics of each case. Average payout amounts can offer a guideline, but individual circumstances such as the injury’s impact on your life, your recovery prognosis, impact on employment and earning capacity and the accident details significantly influence the final settlement.

Legal Representation and Your Rights

A skilled lawyer, who specialises in motorbike accidents, can guide you through the legal process, and make sure your rights are protected every step of the way.

The Importance of Expert Legal Representation

When you’re involved in a motorcycle accident in QLD, the path to compensation can be tricky. Insurance companies often try to minimise payouts, which can leave you at a disadvantage.

Expert legal representation levels the playing field. Lawyers with experience in motorbike accidents understand the tactics used by insurers and are equipped to counteract them effectively. They can handle all negotiations on your behalf, allowing you to focus on your recovery.

A competent lawyer will go through all the details of your case with an expert eye, gather the evidence, and create a compelling claim. This includes medical reports, witness statements, and any other documentation that can strengthen your position.

With their expertise, they can accurately calculate the compensation you’re entitled to, factoring in medical expenses, lost wages, pain and suffering, and any long-term impacts the accident may have on your life.

Your Rights as an Accident Victim

As a motorbike accident victim in QLD, you have specific rights that aim to protect your interests. Firstly, you have the right to seek compensation for injuries and losses due to the accident. This means immediate medical expenses and lost income, and also potential future costs related to your injury.

You also have the right to fair treatment throughout the claims process. This means that insurance companies should not pressure you into accepting a lower settlement than you deserve. A lawyer will make sure that your rights are respected, acting as a buffer between you and the insurers.

And, if your case needs to go to court, your lawyer will represent you and present your case as effectively as possible. They will advocate on your behalf to maximise your compensation and secure the best possible outcome.

Maximising Your Compensation

A lawyer does more than just represent you; they are your ally in securing the maximum compensation possible. They have knowledge and experience in accident claims and they can navigate the legal system to your advantage and negotiate expertly with insurance companies. Your lawyer will advise you on when to settle and when to push forward, always with your best interests in mind.

Frequently Asked Questions About Motorcycle Accidents and Claims

If you’ve never been through an accident or the personal injury claim process, it can be confusing and daunting. Here are some answers to common questions we get here at Best Injury Lawyers about motorbike accidents, claims and compensation:

Who is eligible to make a motorbike accident claim in QLD?

If you’ve been involved in a motorbike accident in Queensland and suffered injuries or losses as a result, you may be eligible to make a claim. This includes riders, passengers, and even pedestrians affected by the accident. The key requirement is that another party must be at least partly at fault for the accident.

What is the timeframe for making a motorbike accident claim in QLD?

It’s important to act quickly. In QLD, you generally have three years from the date of the accident to initiate a claim. However, there are critical early steps, such as notifying the at-fault party and submitting a notice of accident claim form, which should be done much sooner—ideally within a few months of the accident. Early legal advice can help ensure you meet all the deadlines.

What kind of compensation can I expect from a motorbike accident claim?

Compensation depends on the specifics of each case. It can cover medical expenses, rehabilitation costs, lost wages (both past and future), pain and suffering, and other losses. The aim is to restore you, as much as possible, to the position you were in before the accident.

What should I expect during the negotiation phase of my claim?

The negotiation phase involves your legal representative and the insurer of the at-fault party discussing the compensation amount. Your lawyer will present evidence supporting your claim, including medical reports and financial documentation, to justify the compensation you’re seeking. Negotiations can take time and may involve several rounds of back-and-forth discussions.

How long does it take to settle a motorbike accident claim?

The time frame for settling a claim can change a lot from one situation to another. Some claims take a few months, while more complex cases can take years. Factors such as the complexity of the case, the extent of injuries, and whether liability is disputed all contribute towards this time frame. Your lawyer will work to resolve your claim as efficiently as possible while ensuring you receive fair compensation.

What happens if we can’t reach a settlement agreement?

If negotiations with the insurance company do not result in a satisfactory settlement, your case may need to go to court. This is relatively rare, as most claims are settled out of court. If your case does go to trial, your lawyer will represent you, presenting your case and arguing for the compensation you deserve.

Can I make a claim if I was partly at fault for a motorbike accident?

Yes, you can still make a claim even if you were partly at fault. But your compensation might be reduced to reflect your share of the responsibility for the accident. This is known as “contributory negligence.” Your lawyer can advise on how this might affect your claim.

Let the Best Handle Your Motorbike Accident Claim

If you’ve been in a motorbike accident in Queensland and feel lost about what to do next, Best Injury Lawyers is here to help. Starting a claim can seem tough, but our team is ready to make things easier for you. We handle all kinds of road accident claims, so you can trust us to look after your case while you focus on getting better.

Our expert lawyers are here to give you a free review of your case and guide you on what to do next. They’ll make everything clear, from how long things might take to the compensation you might get, and how we’ll work to get you the best result.

Don’t let the stress of an accident claim weigh you down. Contact Best Injury Lawyers today, and let’s get started on making things right for you.