We recently assisted a client who was injured when struck by a car from behind whilst riding their bicycle in a bicycle lane on the Gold Coast. What seemed a simple enough claim was slightly complicated because the accident occurred adjacent to a truck that was parked in such a way as it encroached onto the bike lane. In addition, as our client rode past the truck, coming to the door, the driver of the truck opened the door. This caused our client to take evasive action by moving to the right side of the bike lane and it was then that the car stuck our client.
The driver of the car was to blame for the accident for running into the rear of our client’s bicycle. However, the driver of the truck was also to blame for failing to look our for our client when the driver should have known bicycles would be coming past – after all, the truck driver had encroached his vehicle over a bicycle lane.
In cases such as this, the cost of the claim is shared between the two drivers (at least their CTP Green Slip insurers). The good news is that although our client suffered serious injuries, they are well on their way to a recovery that looks like it may be a lot better than anyone could have hoped for.