Cycling is a fantastic and increasingly popular past time. Here in the Australian Capital Territory, we are particularly lucky to have some of the best cycling infrastructure in Australia. Not only are the numbers of recreational cyclists increasing, but so too are the number of people choosing to ride their bikes to work to reduce their cost of living and their environmental footprint (not to mention it is sometimes quicker to ride than to drive).
Unfortunately, cycling is not without risk and every now and then, accidents happen.
Cycling related injuries can be caused by:
- Inattentive drivers
- Road hazards
- Other cyclists
- Simple accidents
Many of our staff at BDN Lawyers come from cycling backgrounds, and we are always keen to bring our unique knowledge to the table to assist in resolving cycling related claims.
If you’re fallen from your bike while riding to or from work, then you may be able to make a claim under the Workers Compensation Act 1951 (ACT). The exception to this is if you’re employed in the Federal or ACT public service, in which case the Safety, Rehabilitation and Compensation Act 1988 (Cth) will apply, and unfortunately, this legislative scheme does not allow journey claims to be made.
If you’ve been hit by a car and you’re not at fault, then you will be able to claim personal injury against the CTP insurer of the vehicle at fault.
If you fall off your bike because the roads authority has failed to rectify a road hazard such as a pothole that they knew, or should reasonably have known about, then you may be able to make a claim for personal injury.
Many cyclists actually hold insurance with either Pedal Power, Cycling Australia or Mountain Biking Australia.
If you’ve been injured due to the actions of a cyclist, then your prospects of success will be strong provided they hold insurance.
The length of time you have to make a claim will depend entirely on the exact circumstances of the accident. As such, it is important that you contact a lawyer to discuss any possible claim as soon as possible.
As with all personal injury claims, it is important that you keep in mind that court proceedings must usually be commenced within 3 years of the date of accident otherwise your entitlement to claim can cease.