Cyclist awarded $380k compensation

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Cyclist awarded $380k compensation

Postby InTheWoods » Wed Nov 21, 2012 12:34 pm

A CYCLIST has been awarded more than $380,000 in damages after colliding with a taxi that "veered" in front of him during peak hour on a busy Brisbane inner city road.

More here:
http://www.couriermail.com.au/news/quee ... 6521035410
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by BNA » Wed Nov 21, 2012 1:06 pm

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Re: Cyclist awarded $380k compensation

Postby find_bruce » Wed Nov 21, 2012 1:06 pm

Thanks InThe Woods - full decision Land v Dhaliwal [2012] QSC 360

Interesting that the insurance company admitted liability but claimed contrubutory negligence - dropped only after the evidence showed there was no basis for it
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Re: Cyclist awarded $380k compensation

Postby uppo75 » Wed Nov 21, 2012 2:05 pm

I was just glad that there wasn't a comments section.
Could you imagine the dribble produced by the masses :roll:
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Re: Cyclist awarded $380k compensation

Postby KonaCommuter » Wed Nov 21, 2012 2:46 pm

uppo75 wrote:I was just glad that there wasn't a comments section.
Could you imagine the dribble produced by the masses :roll:



+1


Seriously insurance companies should run a honey trap to catch out the haters and self confessed road rule breakers and deny them insurance or charge a hefty premium. I believe that in the UK if you lose points due to using a mobile phone whilst driving your insurance premiums skyrocket if you can get insurance at all. I'd like to see that here
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Re: Cyclist awarded $380k compensation

Postby ldrcycles » Wed Nov 21, 2012 4:20 pm

My first thought is that would just lead to more people getting around without insurance :( .
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Re: Cyclist awarded $380k compensation

Postby Riggsbie » Wed Nov 21, 2012 4:40 pm

Justice served !

Hopefully it will cover any medical needs for the injuries sustained !!


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Re: Cyclist awarded $380k compensation

Postby find_bruce » Wed Nov 21, 2012 7:24 pm

Riggsbie wrote:Justice served !

Hopefully it will cover any medical needs for the injuries sustained !!

And it only took 5 years

General damages $35,000
Past economic loss $81,352
Interest on past economic loss $8,437
Future economic loss $150,690
Past and future gratuitous care Nil
Past out-of-pocket expenses $13,157
Interest $1,350
Future medication $10,000
NIB refund $70,197
Medicare refund (rounded) $6,305
Travel $3,702
Future surgery $2,500
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Re: Cyclist awarded $380k compensation

Postby il padrone » Wed Nov 21, 2012 8:03 pm

Don't like the tone of that article....

A CYCLIST has been awarded more than $380,000 in damages after colliding with a taxi that "veered" in front of him during peak hour on a busy Brisbane inner city road.


Sounds awfully like an implication that the maneuver was trivial, or even a spurious claim by the cyclist. The defendant has admitted full liability for deity's sake.
Riding bikes in traffic - what seems dangerous is usually safe; what seems safe is often more dangerous.
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Re: Cyclist awarded $380k compensation

Postby high_tea » Wed Nov 21, 2012 8:38 pm

il padrone wrote:Don't like the tone of that article....

A CYCLIST has been awarded more than $380,000 in damages after colliding with a taxi that "veered" in front of him during peak hour on a busy Brisbane inner city road.


Sounds awfully like an implication that the maneuver was trivial, or even a spurious claim by the cyclist. The defendant has admitted full liability for deity's sake.


Eventually. This is from the judgment that find_bruce linked to:

In closing submissions, however, counsel for the defendants quite properly conceded that, in light of the evidence at trial, there was no basis for a finding of contributory negligence against the plaintiff, and I was not asked to make any such finding.

(emphasis added)
You've got to wonder why they ever thought they were going to get that argument up if, at the end of the case they had to admit they had nothing to support it.

As for the tone of the article, well, years of reading the Courier-Mail and then wondering why I bother has lowered my expectations. Also, that was the exact word used in paragraph 1 of the judgment, so the journo may well have just repeated the description without any particular intent.
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Re: Cyclist awarded $380k compensation

Postby Xplora » Wed Nov 21, 2012 8:46 pm

The wording of the article is absolutely pathetic. The newspapers are losing money hand over fist because there is simply better, less biased reporting out there. The fact that the editor saw fit to let the toilet clog up and wipe it on the final draft says a lot.

A better biased story would have been "finally a deadbeat taxi driver gets pinged, but insurance premiums skyrocket as a result... maybe we need to have more serious consideration about the people we let drive cars?"
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Re: Cyclist awarded $380k compensation

Postby il padrone » Wed Nov 21, 2012 8:53 pm

high_tea wrote:
il padrone wrote:Don't like the tone of that article....

A CYCLIST has been awarded more than $380,000 in damages after colliding with a taxi that "veered" in front of him during peak hour on a busy Brisbane inner city road.


Sounds awfully like an implication that the maneuver was trivial, or even a spurious claim by the cyclist. The defendant has admitted full liability for deity's sake.


....that was the exact word used in paragraph 1 of the judgment, so the journo may well have just repeated the description without any particular intent.

Yes, but it is the use of the quotation marks suggesting in the common parlance, 'said so, but not really' :roll:

Minor point, and I know the Courier-Mail is just our good ol' Feral-Hun in tropical shirt and shorts.
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Re: Cyclist awarded $380k compensation

Postby sogood » Wed Nov 21, 2012 9:01 pm

Still prefer not have had the accident than $380k. Not worth it!
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