Quad Bike Accident Compensation: $968K Payout for Head Injuries in WA – A Real Case Study and Guide

How much compensation for a quad bike accident involving a motorbike and multiple serious injuries in Western Australia? $968,464 was awarded to The Quad Bike Rider for a closed head injury with oedema, fractured clavicle, and open tibia and fibula fractures—here is everything you need to know about the motor vehicle injury claim case in WA.

The Quad Bike Accident Injury Claim

The case of [2017] WADC 104 is a significant personal injury case heard in the District Court of Western Australia. It highlights the complexities involved in assessing damages for motor vehicle accidents, particularly when there are multiple injuries and long-term impacts on the plaintiff’s earning capacity and quality of life.

Quad Bike Injury in a Motorbike Accident

This is a motor vehicle injury claim arising from a collision between a quad bike and a motorbike. The claim was assessed under the Civil Liability Act 2002 (WA), which governs personal injury claims in Western Australia, rather than the Motor Vehicle (Third Party Insurance) Act 1943 (WA).

Background of The Quad Bike Rider’s Quad Bike Accident Compensation Claim

The plaintiff, The Quad Bike Rider, was born on 27 November 1977, making him 25 years old at the time of the accident on 13 July 2003.

The Quad Bike Rider did not complete his apprenticeship as a motor mechanic and was employed by his father-in-law doing general maintenance on transport equipment until October 1998. He later worked at Wesfeeds as a bagger stacking pellets on pallets and was working as a shift miller at the time of the accident.

The plaintiff had completed Year 10 and had no formal qualifications, which provides context for his employment history and future prospects. The judgment notes that the plaintiff had a strong work ethic, and it was likely that he would have continued progressing in his career if not for the accident.

On 13 July 2003, the plaintiff was riding a Kawasaki KFX 400 quad bike along Pessoa Road in the Gnangara Pine State Forest. The defendant, The Motorbike Rider, was riding a Suzuki RM 250 motorbike on the incorrect side of the road and collided head-on with the plaintiff’s quad bike.

The Quad Bike Rider’s Accident Injury

The plaintiff sustained multiple injuries in the accident, including:

• Closed head injury with oedema in the right parietal lobe
• Loss of consciousness
• Soft tissue trauma to the neck
• Fractured left clavicle
• Soft tissue injury and bruising to the left side of the body
• Open fracture to the left tibia and fibula
• Bruising and soft tissue injury to the right shoulder and right hip
• Scarring on the shin of the left leg
• Ongoing pain

Defendant’s Non-Appearance

A significant aspect of this case was the defendant’s failure to appear at the trial. Despite being given adequate notice and several opportunities to attend, The Motorbike Rider did not participate in the trial. The court, therefore, exercised its discretion under the Rules of the Supreme Court 1971 (WA) to proceed with the trial in his absence. This non-appearance played a critical role in the court’s decision-making process.

Main Issues Disputed in The Quad Bike Rider’s Motor Accident Claim

The key points of contention in this case were:

1. The extent of the plaintiff’s injuries and their long-term impact
2. The plaintiff’s future earning capacity
3. The need for future medical treatment and domestic assistance

Key Medical Evidence in the Motorbike & Quad Bike Accident Injury Claim

Several medical experts provided evidence, including:

• Dr Joe Kosterich and Dr Ron Hirsch of Royal Perth Hospital, who detailed the initial treatment and hospitalization
• Mr Philip Hardcastle (Orthopaedic Surgeon), who noted ongoing issues with the left shoulder and lower limb
• Mr Tony Robinson (Orthopaedic Surgeon) suggested future surgeries, specifically a shoulder operation to excise the outer aspects of the clavicle and removal of tibia nails. There was no mention of an ankle fusion.

Key Findings by the District Court of Western Australia

The court made several key findings:

Injuries and Ongoing Symptoms

The court accepted that the plaintiff suffered significant injuries, including chronic and permanent disabilities affecting his left shoulder and leg. The judgment goes into detail about the plaintiff’s ongoing pain and suffering, noting that his pain is significant, chronic, and permanent. It also highlights that he has lost a degree of independence and can no longer engage in sports or activities with his children.

Work Capacity:

The judge found that the plaintiff had lost the capacity to work as a shift miller but retained some capacity for alternative employment. The court also acknowledged the plaintiff’s good work ethic and noted that he was likely to have progressed in his career, which underscores the significant impact of the accident on his future earning capacity.

Future Medical Needs:

The court accepted that the plaintiff would require ongoing pain medication, such as Nurofen Zavance and Panadol, and future surgeries, including a shoulder operation and the removal of the left tibia nails. The judgment also considered the plaintiff’s life expectancy of approximately 46.27 years (until the age of 71) in calculating future losses.

Impact on Personal Life:

The court acknowledged the significant impact on the plaintiff’s ability to participate in sports and activities with his children, as well as his loss of independence and the ongoing daily pain that affects his quality of life.

Before the accident, The Quad Bike Rider participated in sports like fishing, badminton, and football, and the accident greatly affected his ability to engage in these activities. The judgment also notes that the plaintiff’s injuries have affected his relationship with his partner, including their intimate life.

Quad Bike Injury Compensation Amount

The total damages awarded were $968,464, broken down as follows:

• General damages: $90,000
• Past loss of earning capacity: $469,519
• Future loss of earning capacity: $169,292
• Future medical treatment: $17,336
• Past gratuitous services: $2,214
• Past services & special damages: $5,728
• Future gratuitous services: $13,841
• Interest: $200,534

Legal Principles Applied in the Quad Bike & Motorbike Accident Compensation Claim

The court applied several key legal principles in assessing damages:

1. The Civil Liability Act 2002 (WA) for assessing non-pecuniary loss and gratuitous services.
2. Common law principles for assessing loss of earning capacity.
3. The principles from Griffiths v Kerkemeyer and Van Gervan v Fenton for assessing damages for gratuitous services.
4. The Rules of the Supreme Court 1971 (WA) were crucial in allowing the trial to proceed in the absence of the defendant, ensuring that the plaintiff’s case was heard and justice was delivered.

Implications and Significance

This case demonstrates the complex nature of assessing damages in personal injury cases, particularly when there are long-term impacts on earning capacity and quality of life. It highlights the importance of:

• Comprehensive medical evidence to support claims
• Careful consideration of future earning capacity and medical needs, particularly with regard to the plaintiff’s work ethic and life expectancy
• Detailed assessment of the impact on personal life and activities, including ongoing pain, loss of independence, and the impact on relationships
• The court’s ability to proceed with a trial even when the defendant fails to appear, ensuring that the plaintiff’s right to justice is upheld

A Brief Guide to Avoiding Disputes in Quad Bike and Motorbike Accident Claims

If you’ve been involved in a quad bike accident or motorbike accident, navigating the complexities of an injury claim can be overwhelming. This case highlights key issues that often arise, such as the extent of injuries, future earning capacity, and the need for medical treatment. To help you avoid these common disputes and make a claim as smoothly as possible, follow this brief guide.

Seek Legal Advice from Compensation Lawyers Immediately

One of the most critical steps you can take after being injured in a quad bike or motorbike accident is to seek legal advice as soon as possible. An experienced accident compensation lawyer can guide you through the process and help you understand your entitlement to compensation. In this case study, early involvement of a lawyer could have streamlined the process and minimized disputes over the plaintiff’s injuries and future losses.

Understand the Importance of Evidence in Your Injury Claim

Collecting and preserving evidence is crucial for any quad bike accident injury claim. This includes medical records, witness statements, and photographs of the accident scene. In this case, detailed medical evidence played a significant role in the outcome. Accurate documentation can prevent disputes about the specific circumstances of your accident and injuries.

Address Time Limits and Private Property Issues

Time limits are critical in any compensation claim. You generally have months from the date of the accident to make a claim. If the accident happened on private property, such as a farm, special considerations may apply. For example, public liability insurance might be involved. Understanding these aspects early on can help avoid complications down the line.

Injuries on Private Property

If your quad bike accident occurred on private property or during farm work, it’s essential to know that different rules may apply. Quad bike use on private land can sometimes complicate motor vehicle compensation claims, especially when public liability insurance is involved. In this case, the location of the accident wasn’t a major issue, but in other cases, it could be. Seek legal advice to clarify your position.

Plan for Long-Term Impact

Serious injuries, such as those sustained in quad bike accidents, can have long-term impacts on your life and ability to work. In this case study, the court had to consider the plaintiff’s future earning capacity and ongoing medical needs, including surgery and pain management. An accident compensation lawyer can help you plan for these long-term needs and secure the appropriate lump sum compensation.

Avoiding Disputes Over Fault

Disputes over who is at fault can significantly delay your quad bike accident claim. In some cases, faulty equipment or negligence may play a role. For instance, if the accident happened on a road and involved another vehicle, the fault could be disputed. Early involvement of a lawyer can help clarify these issues and ensure you receive the compensation you are entitled to.

Know Your Rights and Entitlements

Understanding your entitlements under compensation law is crucial. Whether you are a recreational quad bike rider or the accident occurred during quad bike riding on a farm, you may be eligible for lump sum compensation or other benefits. Lawyers are experts in navigating these claims and can help ensure you receive compensation.

Need help to Make a Quad Bike Accident Injury Claim?

No Win, No Fee Lawyers

Under the No Win, No Fee arrangement, you won’t need to pay Foyle Legal’s Legal fees (the fees that we charge for the work we do on your claim), unless we get you a settlement amount.

Your lawyer will take you through this arrangement in more detail including any terms and conditions in your obligation free first initial consultation.

For quick information on our No Win, No Fee terms and disbursements, please visit our No Win No Fee Lawyers Page 

If you’ve been injured in a quad bike accident in Western Australia, the team at Foyle Legal is here to help. Whether your accident occurred on private property, during farm work, or while you were out for a recreational ride, you may be eligible for compensation under the local compensation scheme. With strict time limits of three years to make a claim, it’s crucial to seek advice from experienced accident lawyers as soon as possible.

At Foyle Legal, we are one of the top rated personal injury and workers compensation law firm rooted in WA, we specialize in personal injury claims, including those involving ATV and quad bike accidents. We understand the devastating impact that serious injuries or even injury and death can have on your life, particularly when caused by the negligence of others or a faulty quad bike. Our team offers a No Win No Fee representation, ensuring that you can pursue your claim without financial stress. Don’t wait—contact to get the expert support you need to return to work and secure the compensation you deserve.

Conclusion

This case illustrates the complexities involved in quantifying damages for personal injuries, especially in scenarios involving multiple injuries and long-term impacts on a plaintiff’s life. It underscores the importance of thorough medical evidence and the careful consideration of each plaintiff’s unique circumstances when assessing a claim for compensation. This case remains a valuable reference for personal injury lawyers in Western Australia, particularly those handling motor vehicle injury claims with complex and far-reaching consequences.

For recreational quad bike riders, this case highlights critical lessons on quad bike safety and the need to be aware of the specific circumstances of your quad bike accident, especially when these incidents occur due to the negligence of others. The case also provides essential guidance on how expert lawyers can navigate the legal process to secure the best outcome. As quad bikes must adhere to safety standards, it’s crucial to understand the legal implications if you ride quad bikes in Western Australia. This case offers insight into how courts assess claims for compensation, providing a detailed example of the application of key legal principles, which is particularly relevant when handling injuries that have long-term impacts on earning capacity.

Sources and References

https://ecourts.justice.wa.gov.au/eCourtsPortal/Decisions/ViewDecision/6637a8ff-f3a2-fcd7-4825-8183002812ce

https://www.legislation.wa.gov.au/legislation/statutes.nsf/main_mrtitle_149_homepage.html

https://www.legislation.wa.gov.au/legislation/statutes.nsf/main_mrtitle_612_homepage.html

https://www.safeworkaustralia.gov.au/safety-topic/hazards/quad-bikes