Bicycle accident
lawyers

Bicycle accident compensation claims

If you've been hurt while riding a bicycle in a public place, such as a park, or on a bicycle path or shared pathway, then you may have grounds for a public liability claim.

At Maurice Blackburn, we have a team of expert public liability lawyers who can help you fight for your legal rights.

Why Maurice Blackburn?

We also offer 'no win, no fee'* arrangements for these types of cases, which means that you don’t have to pay for our legal services if we don't win.

Maurice Blackburn Lawyers has offices in Melbourne, Sydney, Brisbane, Perth, Adelaide, Darwin and throughout Australia. Contact us today to find out how we can help.

All you need to know about public liability

You have the right to be safe when you’re in a public place. If you have been hurt as the result of another person or organisation’s negligent behaviour you may be able to make a public liability claim for compensation.

Frequently Asked Questions

Can I make a bicycle accident compensation claim?

You may be eligible to claim bicycle accident compensation if you have been injured on a slippery or poorly maintained bike path because of the negligence of someone else.

Your bicycle accident claim will vary greatly depending on your location and the nature of your injuries. Generally your bicycle accident compensation claim will cover things like:

  • medical costs (including past and future costs)
  • lost income (including past and future costs)
  • pain, suffering and loss of enjoyment of life
  • home help and attendant care

What types of accidents can I make a bicycle accident compensation claim for?

The most common types of bicycle accidents that you may be able to claim public liability compensation for cover:

  • bicycle accidents that don't involve a vehicle
  • faulty products
  • colliding with overgrown bushes and trees
  • colliding with pot holes or raised service lids/grates
  • missing planks in a bridge

Who can I claim bicycle accident compensation against?

Anyone who has caused or contributed to your accident or injury may be found legally liable and required to pay compensation. They may even be liable for the actions of others if the location of your accident is under their control.

For example, a council can be found negligent if they failed to provide sufficient lighting or failed to provide any signs or pavement markings warning the cyclist about the dangers of the bike path.

Businesses and other (non domestic) occupiers of premises are required to carry Public liability Insurance and Bicycle memberships. The compensation is actually paid by the insurance company. A person’s own home & contents insurance covers public liability if a bicycle accident occurs at a private or public premises.

Can I represent myself when making a bicycle accident compensation claim?

Yes. However, bicycle accident law is complicated. Each state and territory has its own laws that apply to bicycle accident public liability claims. Recent changes in the law have made it more difficult to prove negligence if you are injured as a result of an 'obvious hazard'.

It's important to get help from someone who understands the complexities of bicycle accident law, with experience in your area. Our highly experienced personal injury lawyers understand every aspect of the public liability legal system across Australia.

Contact us today to find out how we can help you.

How do I make a bicycle accident compensation claim?

To make a bicycle accident compensation claim, you need to be able to prove that:

  • you were owed a duty of care
  • that duty of care was breached
  • it could be predicted that this breach would lead to injury or damage

How long do I have to make a bicycle accident compensation claim?

Time limits vary under the different state and federal laws. It's important to report your bicycle accident injury to the compensation authority as soon as possible, once you've become aware of your injury.

If you think you have a claim, you should:

  • seek medical treatment and tell your doctor how you were injured
  • keep records and receipts for any wages lost and for medical and related expenses, including the dates of medical consultations
  • take photos of the injuries and where you were injured (where possible)
  • contact us to discuss your claim

What settlement can I expect for my bicycle accident compensation claim?

Your bicycle accident compensation claim may cover:

  • medical costs (including past and future costs)
  • lost income (including past and future costs)
  • pain and suffering
  • suffering and lost enjoyment of life (however, there is a cap on what you can claim for pain and suffering)
  • home help and attendant care

How long does a bicycle accident compensation claim take?

Your bicycle accident compensation claim and the legal process may take up to several years, especially if you have to wait for injuries to stabilise.

When is duty of care breached?

Duty of care may be breached when the occupier or operator of a space or premises is negligent in their duty to care for your safety in entering and using that space.

What could I be entitled to if duty of care is breached?

You may be entitled to sue the occupier or operator of a space or premises for any accidents or injuries that are caused by their negligent behaviour. This is known as a public liability claim.

No win, no fee*

Our public liability lawyers are experienced in winning fair compensation for our clients on a no win, no fee basis.

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