Transport accidents are the third leading reason for injury hospitalisation in Australia. These accidents can be the result of a range of factors including speeding, fatigue, distraction, or drink and drug driving. In all cases, if you’re injured and the other driver is at fault, you may have the right to claim compensation.
In this article, we’ll go into more detail about the main causes of car accidents and your rights. If you’re injured, three important steps to take include getting the other driver’s registration number, reporting the crash through a Report of Traffic Incident to Police Form, and talking to a compensation lawyer to see if you have a case.
Speeding
According to Queensland Government statistics, speeding is a leading cause of accidents on Queensland roads. Each year, 58 people are killed and 295 are seriously injured due to speed-related accidents. When someone is driving faster than the speed limit, conditions, or their experience, it takes longer to stop and increases the risk of a crash.
Your rights
If the other person was speeding and this was the cause of the accident, you may be able to gather evidence to prove you were not at fault. This evidence could include witness statements and video footage from dash cams or bystanders.
If ‘police attendance criteria’ is met, officer attendance may provide further evidence. Generally, a police officer will investigate an accident if it is in the public’s best interest—such as dangerous driving or significant damage to public infrastructure.
Drink or drug driving
On average, 51 Queenslanders die due to drink driving each year and 695 are injured. Being under the influence makes it harder to judge speed and distance, blurs vision, and slows down reaction time.
Your rights
If you suspect the other driver is under the influence, call Policelink on 131 444 (after calling an ambulance if there are any significant injuries). If drugs or alcohol are involved in the accident, the police will conduct an investigation. Evidence in this investigation can be used in your compensation claim if you were injured as a result of the accident.
Fatigue
Another leading cause of car accidents is when drivers are tired. This includes both falling asleep or having lapses in concentration. The driving ability of someone who has been awake for 17 hours is similar to a driver with blood alcohol concentration of 0.05.
Between 2015 to 2019, an average of 12% of lives were lost on Queensland roads in fatigue-related accidents. You can view the warning signs of driver fatigue and tips on how to avoid fatigue-related accidents on the Queensland Government website.
Your rights
If you were in a car accident caused by the other driver’s fatigue or distraction, you will need to collect evidence that they were at fault. While you may not be able to prove it was the result of fatigue, you may have enough evidence to prove it was the other driver’s fault. This may include witness reports, a police report if it is available, video evidence, medical records or other signs that may reveal the driver was fatigued at the time of the crash.
Mobile phones and distractions
Using a mobile phone while driving increases the risk of a crash four-fold. Other distractions could be anything from eating to changing the radio station, talking to passengers or listening to podcasts. By recognising these distractions and minimising them, people can reduce the chance of being involved in a car accident.
Your rights
As with previous examples we’ve discussed, you will need to gather evidence to prove the other driver was at fault. In addition to the examples of proof mentioned earlier, it may be possible to request the driver’s phone records to see if there was activity at the time of the accident.
For more helpful information about your rights after a car accident, read our guide to minor car accident procedure. For multi-vehicle accidents, we also have an article about figuring out who is at fault. If you have been injured in a car accident and want to know what your options are, you can also get in touch with our team for a free case review.