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Motorcycle accident law in Perth, Australia, is a facet of personal injury law that specifically handles cases involving motorcycle accidents. This area of law often considers factors such as negligence of other drivers, road conditions, and potential manufacturing defects when ascertaining liability. Any individual involved in a motorcycle accident that has resulted in personal injury or damage to property has the right to claim compensation under the law.
Engaging a lawyer becomes crucial post a motorcycle accident due to a number of reasons. Legal professionals are adept at pinpointing the factors contributing to an accident and can efficiently deal with insurance companies. They ensure just compensation for medical bills, damage to the motorcycle, loss of earnings, psychological distress and potential future economic losses. In situations involving severe injuries or disputes over liability, the expertise of a lawyer becomes particularly important.
Perth local laws relating to motorcycle accidents mandate that any motorcycle accident must be reported to the police if anyone is injured or if the total damage to vehicles or property exceeds $3000. Under the Motor Vehicle (Third Party Insurance) Act 1943, a rider found at fault may be liable for damages. Motorcyclists are also required to wear an approved helmet and protective gear. If one fails to abide by these safety rules and meets with an accident, it can significantly affect the amount of compensation they receive.
Immediately after a motorcycle accident, ensure to seek medical help if required, report the incident to the police, and gather evidence such as photographs, witness testimonials, and other relevant information that will aid your lawyer in making a successful claim.
Perth's laws operate under a 'contributory negligence' system. This means if you're found to be partially at fault in an accident, you may still be entitled to compensation, albeit reduced according to your degree of fault.
You may be entitled to claim for various types of damages, including medical costs, loss of earnings, pain and suffering, motorcycle repair or replacement costs and any other out-of-pocket expenses related to the accident.
Yes, it's still possible to make a claim even if the other driver is unknown or uninsured. The Insurance Commission of Western Australia can provide compensation in such cases.
You have three years from the date of the accident to commence a claim for personal injury. However, it is advisable to start the process as soon as possible to ensure that all evidence is preserved and collected accurately.
The Department of Transport in Western Australia and The Insurance Commission of Western Australia can provide useful information about road rules and insurance claims. The Western Australian Legal Aid may also be a useful resource for those seeking free or low-cost legal advice.
If you have been involved in a motorcycle accident and believe you may be entitled to a claim, the first step is to contact a lawyer specializing in motorcycle accidents. They will assist you in understanding your rights, navigating the complexities of the law, and seeking the best possible outcome for your individual circumstances. Remember, strict time limits apply to personal injury claims, so it's advisable to take action promptly.
