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Below is a snapshot of some of the more prominent motor accident cases from the first half of 2022.

Motorcycle rider 40% contributorily negligent following collision with truck (Qld). A motorcycle rider who was injured when he collided with a small truck towing a trailer as both vehicles attempted to turn right at an intersection, successfully sued the truck driver in negligence, with his damages award was reduced by 40% on account of contributory negligence: Kickbusch v Lehane & Anor (2022) Aust Torts Reports ¶82-773; [2022] QDC 16, 14 February 2022.

Claimant suffering PTSD fails in judicial review of Review Panel decision (NSW). A man who suffered minor physical injuries but later went on to developed post-traumatic stress disorder following a motor accident when he was driving over the Grafton bridge and a bus ran into the back of his car, was unsuccessful in his application for judicial review of a decision of the Review Panel revoking the Assessor’s original certificate certifying that his psychiatric injuries caused by the motor accident gave rise to permanent impairment greater than 10%: Jarvis v Allianz Australia Insurance Ltd (2022) Aust Torts Reports ¶82-764; [2022] NSWSC 161, 24 February 2022.

Drug affected and unlicensed driver successfully argues joint illegal enterprise defence (NSW). A 67-year-old passenger who was seriously injured in a motor accident after the vehicle veered off the roadway, struck a guard rail and collided with a fence, a boat and a house, was unsuccessful in his claim of negligence against the 21-year-old driver of the vehicle, who was affected by drugs and was unlicensed: Raad v Cossey (2022) Aust Torts Reports ¶82-765; [2022] NSWDC 59, 15 March 2022.

No finding of inadvertent negligence despite oil spill causing accident (Vic). A woman who was injured when the car she was driving became uncontrollable and she slid into the oncoming lane, colliding with a car going in the opposite direction, was unsuccessful in her claim of negligence against the Transport Accident Commission (TAC) after the court failed to make a finding of inadvertent negligence: Seward v Transport Accident Commission (2022) Aust Torts Reports ¶82-783; [2022] VSC 137, 23 March 2022.

Assessor erred in failing to address “degenerative cascade” (NSW). A woman who was injured in a motor accident, with a subsequent dispute as to whether a 2-level discectomy and fusion surgery at was causally related to the motor accident, was successful in seeking an order quashing the medical assessor’s determination that the fusion surgery did not relate to the injuries caused by the accident, and the whole person impairment did not exceed 10%, and the later refusal of her application for review: Lederer v Insurance Australia Ltd trading as NRMA Insurance (2022) Aust Torts Reports ¶82-774; [2022] NSWSC 322, 25 March 2022.

Defendant driver negligent in loosing concentration and veering into emergency lane (Vic). A man who was injured when, after pulling his car over in to the emergency lane and walking towards the driver’s side door to swap with the driver he was struck by another vehicle, successfully sued the driver of the other vehicle in negligence, although with a reduction on account of contributory negligence: Singh v Ward (2022) Aust Torts Reports ¶82-782; [2022] VSC 155, 29 March 2022.

Liability admitted for 2 separate motor accidents but no compensable personal injury (WA). A man who was involved in 2 separate motor accidents more than 2 years apart and claimed to have suffered injuries that caused an alleged total incapacity from work and claimed more than $1 million in damages, was unsuccessful in his claim for compensatory damages: Mecavin v Parker [2022] WADC 23, 4 March 2022.

Injured cyclist awarded more than $270,000 (SA). A young woman who was injured when she was knocked off her bike while riding to work, successfully sued the defendant driver in negligence and been awarded damages of more than $270,000 in damages, with no reduction for contributory negligence: Plumridge v Pandelis (2022) Aust Torts Reports ¶82-789; [2022] SADC 42, 11 April 2022.

$988,000 in damages awarded to passenger involved in 2 separate motor accidents (Tas). A 47-year-old woman who, while a passenger in a vehicle driven by her husband, was injured when another vehicle collided with them, and was also involved in a second motor accident a few months later, was awarded $988,259 against the negligent driver of the other vehicle: Scattergood v Commonwealth (2022) Aust Torts Reports ¶82-780; [2022] TASSC 21, 13 April 2022.

Intoxicated pedestrian 70% liable for his own injuries (Vic). An intoxicated pedestrian who was walking home from the local pub at around 7:30pm and was hit by a car, was successful in his claim of negligence against the defendant driver, however his damages award was reduced by 70% on account of contributory negligence: Walker v Smith (2022) Aust Torts Reports ¶82-779; [2022] VSC 188, 14 April 2022.

Uber driver liable in negligence after passenger opened car door into path of oncoming cyclist (Vic). A cyclist who was thrown from his bike and injured when, without warning, the car door of a stationary Uber vehicle opened into the bike lane and blocked his path such that he was unable to avoid a collision, successfully sued the owner and driver of the car in negligence. The car door was opened by an Uber passenger as he alighted from the back passenger seat: Reynolds v Patel (2022) Aust Torts Reports ¶82-792; [2022] VSC 211, 29 May 2022.

Proper Officer applied correct statutory test (NSW). A man who was injured as a result of 2 separate motor accidents and was initially assessed by a Medical Assessor as suffering a 25% whole person impairment, which was later revoked by an appeal panel and re-assessed as 0% whole person impairment and remitted and determined by a second appeal panel, was ultimately unsuccessful in his application for judicial review of the Proper Officer’s refusal of the claimant’s application for further medical assessment: Cornwall v Allianz Australia Insurance Ltd [2022] NSWSC 541, 5 May 2022.

No separately running limitation periods under the Transport Accident Act 1986 (Vic). A woman who suffered post-traumatic stress disorder (PTSD) following the death of her partner after he was hit by a car, and initially claimed for funeral and death dependency benefits and later made a claim for an impairment benefit, had her right of claim upheld on appeal. The court found that the Victorian Civil and Administrative Tribunal had correctly held that s 68(1) of the Transport Accident Act 1986 (Vic) did not prescribe separately running limitation periods in relation to the 2 categories of compensation available under the Act: Transport Accident Commission v Burns (2022) Aust Torts Reports ¶82-812; [2022] VSC 294, 3 June 2022.

Train operator fails to overturn negligence finding after passenger fell from moving train (Vic). A man who was injured after he forced open the door of a moving train and fell out, and successfully sued the train operator in negligence, has had his judgment upheld on appeal: National Express Group Australia (Bayside Trains) Pty Ltd v McDonald (2022) Aust Torts Reports ¶82-811; [2022] VSCA 109, 10 June 2022.

Cycling accident not within statutory definition of “transport accident” (Vic). A cyclist who was injured when, while cycling in a group of 8 riders his bicycle hit an object which became lodged between the wheel and frame of the bicycle and propelled him over the handlebars, was unsuccessful in seeking leave to appeal a decision of the Victorian Civil and Administrative Tribunal (VCAT) confirming an earlier decision of the Transport Accident Commission (TAC) to reject the claim: Bramich v Transport Accident Commission (2022) Aust Torts Reports ¶82-809; [2022] VSC 330, 15 June 2022.

Man told to jump from moving car successfully proves intention to inflict harm (NSW). A man who suffered serious injuries after he was told to jump from a moving car during a dispute about drugs and after he punched the driver, and was unsuccessful at first instance in proving an intentional tort, was successful of appeal. The court found that the statutory defences under ss 53 and 54 of the Civil Liability Act 2002 (NSW) did not apply, nor did contributory negligence: Irlam v Byrnes (2022) Aust Torts Reports ¶82-813; [2022] NSWCA 81, 3 June 2022.

• See also the Public liability cases: half yearly wrap up and the Medical negligence cases: half yearly wrap up.

• Check out the CCH Motor Accidents — Comparative Verdicts Finder at ¶75-005 , an online tool that can be used to search and compare all motor accident judgments around Australia from 1999 to date.

• See the new Wolters Kluwer book “Commemorating 20 years of civil liability legislation in Australia – 100 cases that shaped the law” for an expertly curated list of the most prominent civil liability cases across Australia.

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