Sadly, a lot of riders have seen utes and trucks driving by with unsecured loads. One loose item is all it takes to cause a catastrophic injury to a rider.
Find out how one rider secured a $600,000.00 payout after a piece of wood fell off a ute in front of him.
THE FACTS
On 11 March 2019, Trent was riding a Honda motorcycle along Redland Bay Road in Capalaba. He was finishing up postal delivery shift, and was riding back to the postal centre.
He was riding up a slight incline in the road when a light utility truck came up on his right side, passed him, and then began to move into Trent’s lane.
As the truck was moving into Trent’s lane, a piece of timber slid off the ute’s tray and fell onto the road – right in front of Trent.
Trent swerved left to avoid the timber. He was able to avoid hitting the timber with his front wheel, but his back wheel rode over it. Trent was jarred, and felt some pain when being jolted, but was able to keep himself upright.
The ute drove off in another direction, and Trent returned to the postal centre.
Later that day, Trent felt soreness in his back and his left ankle. The next day, his symptoms were worse. He went to a doctor, and took some time off work.
Trent symptoms persisted, and medical investigations later revealed he was suffering from a disc prolapse and torn nerve sheathing (in other words, a nasty back injury) among other things.
Months went by, and his injuries were still affecting his work and life.
Trent met with a lawyer, and decided to pursue a personal injuries claim.
the claim
In Queensland, if you suffer injuries as a result of a motor vehicle accident that wasn’t your fault, you may be able to bring a compensation claim. This claim is often called a “personal injuries claim” or a “CTP claim”.
A CTP claim is usually brought against the compulsory third party (CTP) insurer of the at-fault vehicle.
To learn more about CTP claims, check out: What is a CTP claim?
If an at-fault vehicle can’t be identified, you can bring a claim against the Nominal Defendant.
To learn more about claims against the Nominal Defendant, check out: Hit and run: Who do you claim against?
Because Trent didn’t have any information about the ute, he brought a claim against the Nominal Defendant.
THE PROBLEM
When claiming against the Nominal Defendant, there are strict rules that apply.
One of those rules is: You have to prove you carried out “proper inquiry and search” to try to identify the at-fault vehicle.
In Trent’s case, the Nominal Defendant argued that Trent didn’t take enough steps to try to identify the at-fault vehicle. The Nominal Defendant said that Trent should have:
- Memorised the ute’s number plate
- Followed the ute to obtain further information about the ute
The Nominal Defendant rejected Trent’s claim, and refused to pay Trent any money.
As a result, Trent took his claim to trial for a court to decide.
THE COURTS DECISION
SUPREME COURT (THE FIRST COURT)
At trial, the Supreme Court agreed with the Nominal Defendant.1 The Supreme Court said that Trent failed to engage in proper inquiry and search, and should have taken more steps to find out details about the ute.
The Supreme Court awarded Trent $0.
COURT OF APPEAL (THE SECOND COURT)
Trent didn’t agree with the Supreme Court’s decision. So, he appealed it by asking a higher court (the Court of Appeal) to review the decision.
The Court of Appeal agreed with Trent,2 and overturned the Supreme Court’s decision.
The Court of Appeal said it was reasonable for Trent to carry on riding after the incident. The Court acknowledged that Trent may have been in shock, and may not have been able to memorise the ute’s number plate or follow the ute.
The Court of Appeal acknowledged that Trent took other steps to try to identify the ute (such as notifying police and engaging a lawyer). The Court of Appeal said that Trent had made proper inquiry and search.
The Court of Appeal awarded Trent $600,000.00.
WHAT CAN WE LEARN FROM THIS?
The take-home lessons are:
- If you’re injured in an accident caused by an unsecured load, you may be entitled to compensation;
- If the at-fault vehicle can’t be identified, you may be able to claim against the Nominal Defendant;
- If you want to bring a claim, you need to take steps as soon as possible (or you might lose your entitlements).
NEED HELP?
Contacting a lawyer is a great way to find out:
- What you can claim;
- How you can claim; and
- What steps you should be taking.
Our friendly team of solicitors are always happy to answer questions.
We offer free consultations (that’s right, they’re free – no obligation, no catch). So, feel free to Contact Us at any time and we’ll help you work out your next step.
CITATIONS
1 Ford v Nominal Defendant [2022] QSC 179
2 Ford v Nominal Defendant [2023] QCA 83