10 Things To Do If You Are In A Motor Vehicle Accident
It's vital to contact a specialist lawyer as soon as possible after injury or accident, while evidence is still fresh and the facts surrounding the case are still clear. A specialist lawyer will be looking out for your best interests.
1. Stop at the accident site.
2. Call an ambulance if necessary.
3. Call the police to attend (or report the accident to the nearest station ASAP).
4. Warn other motorists of any hazard.
5. Exchange the following information:
o Name, drivers with the other driver: licence number, address, date of birth and phone numbers.
o Car's make, model, year and licence plate.
o Name, address, phone number of the legal owner of the vehicle (if other than the driver)
6. Obtain witness information:
o Names, addresses and phone numbers
o Ask them to stay and talk to the police
o If possible photograph the accident site, showing the position of accident debris. Return to the scene of the accident if necessary.
7. Do not volunteer any information about who’s fault the accident was.
8. Obtain a physical examination from the doctor immediately.
9. Report the accident to your own insurer
10. Call MBA Lawyers on 55399 688
Can You Keep a Secret?
Access to medical records is an extremely sensitive matter. Naturally, when you visit your doctor you expect that the subject of your visit will be kept between yourself and the doctor.
But, are such visits really confidential?
There are a number of ways in which information and records are not truly confidential. For example, doctors (and other health care professionals) are required to provide information and documents as part of a court case.
It is part of the medical professional's code of conduct to respect the confidentiality of information obtained from their client. However, there are legal and other limits to that confidentiality. These limits are currently under the microscope in two important reviews taking place:-
1. A federal government inquiry by the House of Representatives Legal and Constitutional Affairs Committee) into the issue of access to medical records.
2. The proposed creation of a National Database of Personal Health Information.
The explosion of information technology creates new dangers in relation to confidentiality and access to medical records. It was Bill Gates who said that: ''The same digital technology that makes it so easy to communicate around the world also makes it easy to snoop.''
In the discussions about the creation of a National Database of Personal Health Information, it has been recognised that confidentiality and security of the records are key aspects of privacy.
Have you suffered trauma resulting from an extreme event?
EXTREME events can occur at any time, in any situation. Whether it's a bank hold-up, an explosion in a factory, a boating disaster, a hostage siege or something entirely different, the result is almost always personal trauma for the innocent people involved.
Nobody can eradicate extreme events from human life. But the law can go a long way to easing the effects of the resultant trauma on those unfortunate enough to have experienced such events.
People affected by a traumatic event are often entitled to either:
1. Criminal compensation – where someone has been the victim of a criminal act such as a bank hold-up, a hostage siege or even reckless driving.
2. Civil compensation – where negligence on the part of another party associated with the trauma can be proved. A current example at MBA Lawyers is a matter in which our firm is representing a security guard against his former employer in a claim based on unsafe procedures that caused the guard to be held hostage by bank robbers.
Negligence cases involve consideration of whether a person or people had acted reasonably to prevent or avoid such a traumatic event.
The effects of a traumatic event can include 'hidden' injuries such as depression or post-traumatic stress disorder. These emotional injuries can be just as debilitating and as costly as physical injuries. People involved in car accidents often suffer some form of emotional injury, some statistics indicating that up to 30 per cent develop a mild form of trauma.
The law requires face-to-face counselling to be provided after a traumatic event. In a recent case involving the State Rail Authority of NSW, the court awarded over $500,000 for emotional injury caused by the failure to provide proper debriefing after the claimant witnessed the aftermath of a suicide on the railway tracks.
The Laws Of Summer
BEACH SAFETY
Swimming at a surf beach can be dangerous. There is a risk involved with swimming in the surf, particularly when the waves are large or when there are strong rips.
Surfboards can be an added danger, particularly in a designated "flagged" area.
There have been a number of recent cases in Australia involving people injured by surfboards. In situations where the surfboard injures a swimmer in a flagged surfing area the court has held that the local council (responsible for the patrolling of the flagged area) was negligent. The court took into account that the accident could have been avoided by proper direction to the surfboard rider to remain outside the flagged area. The use of surfboard within the flagged area was a known danger, and if the beach Inspectors had kept a proper lookout then the accident would probably not have occurred.
It is reasonably settled that the use of the surfboard within a flagged area will result in liability by a local authority.
There is much debate about whether the same principal extends to the use of the body-boards within a flagged area.
In a recent Queensland case against the Maroochy Shire Council, a person was struck by a body-board within a flagged area.
The court decided that a body-board was different from a fibreglass surfboard. The court was not prepared to, in effect, place blame on the Local council for injury caused by the collision of the swimmer with the body-board.
The court took into account that swimming in the surf has inherent dangers. Imposing a strict liability on the council would mean that the council would be at fault whenever an injury occurred within the flagged area, because it was impossible to remove the risk of injury.
The decision of the court seems to acknowledge the common practice of allowing body-board riders to share the flagged area with swimmers. The court took into account practical difficulties if the council was required to set aside a separate area for body-board riders in addition to those for surfboard riders and the additional expense for the council in having to employ people to check on the safety of the body-board riders as well as watching over the swimmers.
RESCUERS
What about the situation where someone goes to the assistance of a swimmer who has been caught in a rip, and that rescuer ends up doing more harm than good?
Rescuers are generally encouraged and supported by the courts. Leniency will be shown even if they unwittingly do damage, since the situation in which they act is often urgent and stressful.
Largely it is a myth that rescuers are at risk of being sued.
In the urgent heat of the moment, particularly where the rescuer is not a professional health care provider, they may make a mistake and might exacerbate the injury. However, this will not usually lead to liability on the part of the rescuer, unless the rescuer's action constitute gross negligence.
What if a rescuer is injured while providing assistance?
For example, what if someone swims out into the Broadwater to give assistance after a boating collision, and that person gets into difficulties?
It might be possible for the rescuer to make a claim for compensation for their injuries against the original wrongdoer. That is, they may have a claim against the master of the boat that was negligent in colliding with another boat.
Also, if a passenger of the boat – who has a claim against the master – has their injuries exacerbated by a rescuer – that person can claim their entire injuries against the master. This situation works in this way:-
1. If A injures B;
2. And Rescuer C assists B, using reasonable care, but causes extra injury;
3. Then B can sue A for his entire injuries, including those caused by C.
Government Protection of Good Samaritans.
Queensland is presently the only state in Australia to legislate for protection of certain rescuers providing emergency first aid.
Although the state government legislation is fairly narrow, it does offer protection in a situation such as where the doctor or nurse stops and gives assistance at the scene of a car accident. This protection is granted in the Law Reform Act of 1995.
