Growth of commercial vehicles on Western Australian roads.  

Western Australia's coastline stretches for over 12,000 kilometers and Perth's metropolitan area is over 120 kilometers end to end, making it one of the longest cities in the world. Not surprisingly to travel around these area's requires many kilometers of roads and many motor vehicles. The Australian Bureau of Statistics reported that in 2018 Western Australian drivers traveled over 27,401 billion kilometers. 

To move people and freight around Perth and Western Australia more and more commercial vehicles are being used. The Australian Bureau of Statistics has confirmed that in the last decade the use of road freight has increased, year on year, in all states across Australia. In recent years, Western Australian's have also enthusiastically embraced ride sharing services like Uber, Ola and Shofer. Traditional taxi's are also still regularly used by many Western Australian's and the Department of Transport has recently introduced the Transport (Road Passenger Services) Act 2018 in an effort to make the on demand transport industry safer, fairer and simpler for consumers to use.          

Given that there are increasing numbers of commercial vehicles on Western Australian roads and that these vehicles are travelling comparatively long distances, it is not surprising that problems associated with road congestion and driver fatigue are increasing.  

The West Australian Department of Mines, Industry Regulation and Safety's regulations on operating commercial vehicles provide very clear requirements for what lengths of time workers are allowed to drive and how often they must take breaks. Notwithstanding our generally good road and motor vehicle regulations and standards, accidents involving commercial vehicles are commonplace.          

Public transportation in Western Australia. 

Public transportation began in Western Australia in 1831 with a very basic ferry service, however, this service was short lived. In 1836 the first reliable ferry service between Perth and Fremantle was established. On 1 July 2003 the Public Transport Authority Act 2003 was introduced and the Public Transport Authority ("PTA") was formed to manage the delivery of public transport in Western Australia.

During the 2017 / 2018 financial year the PTA spent $1.470 billion on delivering metropolitan and regional bus, train, ferry and freight services and regional school bus services. These services were used over 139 million times during the period.    

Motor vehicle injury compensation - how does the system work?

The Insurance Commission of Western Australia ("ICWA") administers the Compulsory Third Party ("CTP") motor vehicle insurance scheme in Western Australia. In 2018 ICWA generated more than $1.5 billion in revenue and earnings and paid $391 million in compensation payments to people injured in motor vehicle accidents.

 When a negligent motor vehicle driver injures another driver, passenger, cyclist or pedestrian the injured person is able to make a claim for personal injury compensation. When ICWA receives an application for compensation it assess the claim and then makes a decision regarding liability. If ICWA accepts liability for the accident and the injuries caused, it indemnifies or takes the place of the negligent driver in legal proceedings that seek compensation for the claimant. Put simply ICWA becomes the defendant in these proceedings and the injured person or plaintiff is then able to sue ICWA for damages under the CTP scheme.           

Injured in a motor vehicle accident at work? Do you claim workers' compensation or road accident compensation?

This seems like a straight forward question. If you have a motor vehicle accident injury while you are at work most of us would assume that your employer is required to assist and that you would just lodge a workers' compensation claim. Unfortunately it is not always that simple and how you proceed can depend on a number of legal factors such as: your employment contract, whether you are self employed, your relationship with your employer and whether the accident was caused by another road users' negligent driving.

Given this information you need to decide whether you should you make:

• A workers' compensation claim;
• A road accident compensation claim against the negligent driver involving the Insurance Commission of Western Australia; or
• Proceed with both claims?  

Before making any decisions regarding how you might claim compensation in these circumstances it is vital that you obtain legal advice from a specialist personal injury lawyer to ensure that you claim for ALL the compensation you are entitled to receive.

Catastrophic car accident injury claims in Western Australia.

In August 2011, the Commonwealth Government's Productivity Commission recommended that no-fault compulsory third party vehicle insurance cover be introduced to all States and Territories. Research at the time argued that people catastrophically injured in car accidents secured materially better health outcomes when they were provided with medical treatment and rehabilitation as soon after their car crash as possible. It was thought that by removing the requirement for catastrophically injured claimants to establish that another vehicle driver was at fault would help to reduce legal disputes and allow catastrophically injured road users earlier access to treatment.

In early 2014, the Government of Western Australia released a Green Paper which asked motorists whether the motor injury insurance scheme should be expanded to cover catastrophically injured claimants on a no-fault basis. The West Australian community strongly supported the proposal to provide all catastrophically injured road users with lifetime treatment and care.       

In 2016, the Motor Vehicle (Catastrophic Injuries) Act 2016 and the Motor Vehicle (Catastrophic Injuries) Regulations 2016 ("the Regulations") were enacted and the West Australian Catastrophic Injuries Support scheme was established.

Car accident injury compensation - who can claim?

It is possible to make a road accident compensation claim with the Insurance Commission of Western Australia if: 

• you were not at fault or only partly at fault for causing a road accident and associated injury; and
  
• you were a driver, passenger, pedestrian or cyclist and were injured in the accident; or     
• if you were financially dependent on a close relative or de-facto fatally injured in a road accident.         

Unless you make a dependency claim in relation to a road fatality it is not otherwise possible to make a road accident compensation claim unless you suffered a physical or mental injury.  

Car accident injury compensation claims - background.

On 12 November 1943, the West Australian State Parliament enacted the Motor Vehicle (Third Party Insurance) Act 1943 ("the Act"). This act required the owners of West Australian registered vehicles to insure for liability arising from road accident related personal injuries. Today, pursuant to the Act, the Insurance Commission of Western Australia ("ICWA") provides motor vehicle injury insurance to more than 1.8 million West Australian drivers. ICWA also administers a program that provides injured road users with personal injury compensation.       

Car accident injury compensation claims - background.

Originally established in 1926, the West Australian State Government Insurance Office provided workers' compensation to miners in the goldfields of Kalgoorlie. In 1987, the State Government Insurance Commission was established following an amalgamation of the State Government Insurance Office and the Motor Vehicle Insurance Trust. In 1997, the State Government Insurance Commission changed its name to  the Insurance Commission of Western Australia ("ICWA"). Today, ICWA provides motor vehicle insurance for more than 1.8 million West Australian motorists. ICWA operates pursuant to the Insurance Commission of Western Australia Act 1986 and the Motor Vehicle (Third Party Insurance) Act 1943. Part of ICWA's operations is to manage an investment portfolio valued at over $4.5 billion. Annual profits from this fund are used to provide injured road users with personal injury compensation. 

When assessing a motor vehicle injury compensation claim, ICWA may, on behalf on an insured person or the owner and driver of an uninsured vehicle:  

• conduct negotiations in respect of a claim against any such person, owner or driver;
• accept or instruct any solicitor to accept service of legal process issued in respect of the claim;
• assume the conduct and control of legal proceedings in respect of the claim;
  
• admit negligence on his behalf, where there is no claim against the person, owner or driver as the case may be; or
• settle the claim.

Car crash injury compensation claims - can I lodge a claim?

If you are injured in a road accident due to the negligent actions of an individual operating a vehicle, registered in Western Australia, you are entitled to make a claim for personal injury compensation. This includes injured drivers, passengers, cyclist's or pedestrian's and also includes people who were financially dependent on someone who was killed in a motor vehicle accident.  

Whiplash injuries and car accident compensation - background

The Road Safety Commission ("the Commission") compiles and provides statistics on road accidents in Western Australia. In their last annual report the Commission noted that there were 32,392 road accidents in Western Australia over the course of 2015. These accidents involved 82,438 people, however, the Insurance Commission of Western Australia ("ICWA") reported that only 5,910 of these road accidents were attended by an ambulance. ICWA also report that only 3,205 people made a claim for road injury compensation. This suggests that many of these road  accidents did not result in major injury or trauma. However, looking at these statistics from another perspective they could suggest that there are a large number of people who have been injured in a road accident but have not made a claim for compensation. A reason for this may be that many injured road users might think that their injuries are not severe enough to report. Alternatively these injured people may simply be unaware that personal injury compensation is available to anyone who has been injured on the road due to the negligent driving of another person.        

Pedestrians and road injury compensation claims. 

While possibly sounding counter-intuitive pedestrians are the largest group of road users. Most of our daily activities - commuting to work, dropping children at school, food shopping, catching up with friends or taking the dog for a walk all involve us using roads as a pedestrian.       

It is safe to say that certain societal stigmas exist towards pedestrians that are injured by other road users. Here, it is often assumed that the pedestrian is at fault because they must have been j-walking and that they have no right to be on the road.

This is a problem because pedestrians obviously have legal rights to use roads and are entitled to compensation if they are injured by other road users.    

Despite recent reductions in road accidents, in 2017, the West Australian Road Safety Commission reported 15 pedestrian fatalities which is unfortunately in line with the proceeding 5 year average of 14 fatalities per year. 

Can I claim personal injury compensation if I have been injured as a pedestrian? 

If you were a pedestrian, in Western Australia and were injured in an accident involving a car, motorcycle, truck, bus or any other motor vehicle, you may be able to make a claim for personal injury compensation. To be eligible to lodge a claim your injury needs to have been caused, at least in part, by a negligent motor vehicle driver, rider or operator. (There is an exception to this general rule in the case of catastrophic injury).