As a cyclist, you may have entitlements under the transport accident scheme if you were injured as a result of a collision that was directly caused by the driving of a vehicle (including cars, buses, motorcycles, trains and trams).
It is important to note however that you may be covered as a cyclist in a number of additional scenarios including:
NEAR MISS – if the driving of a vehicle directly caused a need for you to take evasive action to avoid a collision and you ultimately suffer injury;
CAR-DOORING – an incident involving a collision between you as a cyclist and an open or opening door of a vehicle;
TRAVELLING TO OR FROM WORK – an incident involving a collision between you as a cyclist and a motor vehicle while you were travelling to or from your place of employment (the vehicle can be a parked or stationary vehicle);
COLLISION WITH A STATIONARY VEHICLE – an accident involving you as a cyclist and a stationary vehicle for accidents on or after 9 July 2014.
Furthermore, following ‘test case’ litigation in which Fortitude Legal’s Tom Burgoyne acted for the injured cyclist, the law with regard to collisions with stationary vehicles has changed for the better for cyclists across Victoria.
On 7 June 2018 a Bill was introduced into Victoria’s Parliament https://www.premier.vic.gov.au/cyclists-and-all-victorians-to-benefit-from-tac-changes/ to amend the transport accident legislation such that a collision between a cyclist and a parked or stationary vehicle will constitute a “transport accident” and not be confined to a situation where a cyclist is riding to or from work. After passing both Houses of Victoria’s Parliament on 20 September 2018, the Bill received Royal Assent on 25 September 2018 such that changes commenced on 26 September 2018. The amendment has retrospective effect to 9 July 2014 and any cyclists injured in collisions with parked or stationary vehicles from that date will also be covered. This is referred to as “Rory’s Law”.
As a cyclist, you may be interested to read Tom’s article professionally published in the Law Institute Journal which called for a change to the law after Tom ran Rory’s test case https://www.liv.asn.au/Staying-Informed/LIJ/LIJ/Jan-Feb-2018/Cyclists-beware
The scheme surrounding transport accidents and your entitlements is complex and there are strict time limits that apply. It is important that you get appropriate legal advice from the outset to ensure that your rights are protected.
We can help you navigate the scheme, maximise your entitlements and make the decisions that are right for your future.
If you have a query, please do not hesitate to contact our expert Transport Accident Team for a no obligation chat..