New South Wales roads experience a high number of accidents, but motorcycle and truck accidents are often the most severe. Beyond the emotional toll and the physical pain of injuries, there’s a financial aftermath. 

With mounting medical bills while you heal from your injuries and potential uncertainty about your future, you should know that fault isn’t always black and white. Even if you bear partial responsibility for the accident, you can still pursue motor vehicle accident compensation in NSW.

Under the Motor Accidents Injuries Act 2017, Compulsory Third Party (CTP) insurance (regulated by the State Insurance Regulatory Authority (SIRA) in New South Wales) can provide essential support. However, navigating contributory negligence and motor vehicle accident liability in Sydney is complex and requires legal knowledge. 

What Does Liability Mean in an Accidental Claim? 

The simplest way to explain liability is that it’s a legal responsibility. Insurers and courts establish who is at fault for an accident after it occurs, and the NSW CTP scheme can provide weekly income support and expenses to cover medical treatments for injured persons. 

You can make a CTP claim in NSW, even if you were found liable for the accident. It’s when you pursue long-term compensation that liability is key, as fault will influence the level of financial compensation available. 

How Fault is Assessed: The Key Factors 

Fault is assessed based on several factors. 

  • Investigators will review road rules compliance based on NSW laws, assessing right-of-way compliance, travelling speeds, signalling, and lane discipline. 
  • Investigators will review independent bystander accounts and the crash report submitted by the responding police officers.
  • Modern accident claims heavily rely on dash-cam and CCTV footage, and these are a key part of the claims process. If there is a heavily disputed or complex accident to untangle, experts may be enlisted to reconstruct the collision. 
  • Investigators will look at driver fatigue and impairment, especially when there are heavy vehicles involved, as the Heavy Vehicle National Law (HVNL) sets strict operational limits.
  • Investigators will consider road conditions and vehicle defects because liability can pass to third parties if there were road hazards or mechanical failures.
  • Investigators will also evaluate the behaviour of each party in the lead-up to the accident and after. 

Contributory Negligence: When You’re Found at Partial Fault

Insurance companies commonly assert that vehicle operators, particularly motorcycle riders, contributed to their injuries. Known as contributory negligence, this legal concept suggests that an injured person played a role in the road traffic accident or contributed to the resulting harm. 

However, under NSW law, you are not barred from pursuing motorcycle accident compensation just because you were found partly at fault. It will reduce your total compensation, but you are still eligible to receive compensation. For example, your compensation may be reduced if you weren’t wearing protective gear. 

Always pursue independent legal advice to help guide you when contributory negligence is involved. Insurers are often guilty of exaggerating fault to reduce liability. 

Why Motorcycle and Truck Accidents Are More Complex 

Motorcycle riders are more vulnerable, and injuries tend to be more severe. Unfortunately, cultural bias plays into these outcomes with assertions around risk-taking. A strong lawyer will easily counter assumptions and fight your case. As for heavy vehicle collisions, HVNL governance means heavy scrutiny of the entire operation, including fatigue management, commercial maintenance records, and cargo manifests. 

What Compensation Can You Claim? 

  • Regardless of fault, you can apply for weekly income replacement benefits.
  • Expenses covering medical treatment, from hospital stays and surgeries to rehabilitation and ongoing pharmaceutical prescriptions. 
  • Pain and suffering if your injuries are above the minor threshold. 
  • Loss of earnings, past and future
  • You may be eligible for domestic assistance expenses if you can’t manage your daily household tasks. 

There are strict timelines associated with different forms of compensation, so prompt legal advice is a must.

Common Mistakes 

You may be dealing with shock and pain in the aftermath of an accident, but you should avoid these common mistakes that can affect your claim. 

  • Don’t apologise or accept blame before the facts have been reviewed.
  • Ensure that photographs of vehicle positions and the scene are taken at the time, and witness details are captured. 
  • Don’t accept an early settlement offer without speaking to an experienced lawyer.
  • Ensure you report all of your symptoms to the treating doctor to avoid inconsistent medical documentation. 
  • Don’t miss the strict timelines around CTP claims, typically 28 days.

How AJB Stevens Can Help 

Our experienced team understands the challenge you’re going through and provides compassionate advice to help assess liability, gather evidence, navigate the CTP process, negotiate with insurers, and represent you in court if necessary.

If you were recently injured in a truck or motorcycle accident in NSW, contact AJB Stevens today to arrange your free first consultation. We’ll assess your care, explain your rights, and guide you on the path to compensation.