Australia’s vast open roads invite motorists to explore the open stretches and sometimes challenge themselves on the curves. Exploring its roads has a heavy cost as road accident rates rapidly rise because of the growing population and increasing town density.
According to statistics from Australia’s Road Safety Authorities, in 2023 to 2024, the car accident rate ranged approximately 75.6 hospitalisations per 100,000 people, and around 2.4 deaths per 100,000. Surprisingly, 65% of fatalities occur on regional roads, where the death rate is approximately five times higher than in urban areas.
The latest data from the Australian Automobile Association (AAA) reveals that New South Wales and Victoria recorded the highest numbers of road fatalities in recent years, while smaller states and territories like Tasmania and the ACT reported fewer incidents.
It is not all doom and gloom, as some states fare better than others, like South Australia claims the prize for the highest driver safety score (90.3/100). Queensland (89.6) is in second place, followed closely by Western Australia (88.9). The sunshine and open roads are apparently making better drivers!
Hotspots like Melbourne’s Plenty Road top the list for car crashes, while roads like the Bruce Highway, Hume Highway and Stuart Highway remain notorious for repeated incidents.
A major cause of road accidents in Australia is speeding, with 41% of drivers admitting to it. Other contributors are driving under the influence of alcohol, talking on the mobile, driving while tired and lastly reckless driving.
Road accidents are an unavoidable risk for motorists travelling daily. Although sometimes unavoidable, there are several precautionary measures motorists can undertake if involved in an accident. Law Tram, lawyers of note have a team of personal injury lawyers with keen experience and knowledge of Australian road law willing to advise and assist.
Understanding Australian Road Accident Legalities
There are several facets of Australian road accident law, motorists should understand or have a working knowledge of.
1. State Legal Frameworks
Every state and territory has a compensation scheme, like those listed below:
- New South Wales relies on Compulsory Third Party (CTP) insurance.
- Victoria operates under the Transport Accident Commission (TAC).
- States like Queensland, South Australia, Western Australia and the Northern Territory have distinct models.
Experienced lawyers will assist anyone involved in road accidents to navigate through their region’s specific processes, cutting through red tape to assist the injured persons with their claims.
2. Claim Types and Compensation
After an accident, any injured person may claim for the following:
- Medical and hospital expenses
- Rehabilitation costs
- Lost earnings or capacity to work
- Pain and suffering, depending on jurisdiction
- Future care or assistance needs
- Wrongful death compensation, if applicable
Statutes of Limitation
The statute of limitations for road accident claims is three years. Missing the deadline could mean motorists forfeiting their claim.
Law Tram personal injury lawyers work efficiently, preserving the injured parties’ rights to a claim.
Role of Personal Injury Lawyers
After an accident, the last thing the injured parties should be concerned about is filing their claims and applying for compensation. Fortunately, personal injury lawyers, like those from Law Tram, provide guidance and representation.
Simplifying the Legal Journey
Australian road accident law covers everything from emotional to economic including medical angles. Personal injury lawyers ensure:
They pursue all relevant entitlements. For example, if involved in an accident, the injured person is entitled to statutory benefits like weekly income support and medical expenses, as well as common law damages for pain, suffering and future loss of earnings. A personal injury lawyer will carefully assess the accident circumstance, ensuring that they identify every applicable avenue of compensation and pursue it in line with Australian road accident and insurance laws.
Maximising Compensation
Personal injury lawyers should ensure they build evidence-rich claims, including long-term care needs and quality-of-life impacts claims. This will ensure they file claims not only as a band aid fit but for fair compensation.
Protecting the Client’s Rights in Compensation
The injured persons face insurers pushing for fast claim resolutions, which can sometimes be unbeneficial. Experienced lawyers counter this with strategic negotiation, or litigation if necessary, ensuring clients don’t settle for less than what’s fair.
No Win, No Fee
Law Tram lawyers operate on a “No Win, No Fee” basis when it comes to personal injury claims. Clients are not required to make any upfront payment until they settle the case.
This stance makes legal help accessible regardless of finances.
Confidential, Low Stress
Some people may find accidents traumatic; they don’t need details of their accident broadcast. Personal injury lawyers should ensure all details of their client and the accident are treated respectfully and confidentially.
Law Tram allows a pressure-free, anonymous start. Client’s details remain private until they choose to proceed.
What to Do in case of an Accident
Whether it’s a two car crash or multi vehicle pile up on a national road, every motorist should take the following steps if involved in an accident:
Immediately call emergency services; even minor injuries can have unforeseen consequences.
Take photos, collect witness details and document the scene and injuries. An important point to remember is not to publish accident photographs, witness details or those involved in the accident on social media or any news site without prior agreement with those involved.
File any required forms, like the SR-1 in NSW, within stipulated timeframes.
Always have a lawyer go through claims and compensation applications first. And never accept impulsive settlements. Some insurers may undervalue injuries.
Get legal guidance early. This will allow lawyers to build their case early while the evidence remains fresh.
Law Tram’s online questionnaire, which becomes the legal brief, removes any hassles and stress. Lawyers who know the client’s case type can review and reach out, without the client even sharing personal details until they’re ready.
Moving Forward with Confidence
When involved in any type of accident, the victims face emotional, financial and physical turmoil. With support from Law Tram’s personal injury lawyers, clients are not alone with facing the trauma of the accident and the resulting court appearance and filing their claims.
