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Motor Vehicle Accident Law News

CAR ACCIDENT: “IT WASN’T MY FAULT, SO WHY AM I LIABLE?”

February 19, 2017

CAR ACCIDENT: “IT WASN’T MY FAULT, SO WHY AM I LIABLE?” If my car is rear-ended in a chain collision, how can it be my fault?  If I hit a car that pulls out in front of me when they were supposed to give way isn’t it their fault?  The question of who is responsible…

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CAN A PERSON MAKE A WILL IF THEY DON’T HAVE CAPACITY?

October 8, 2016

CAN A PERSON MAKE A WILL IF THEY DON’T HAVE CAPACITY? – By Vanessa Ho – So many times, it’s not until a loved one is in care that we realise they don’t have a will.  If that person no longer has legal capacity to make a will, it is a common misconception that there is…

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COMPENSATION DOUBLE DIPPING? PROCEED WITH CAUTION WHEN CLAIMS COLLIDE

August 10, 2016

COMPENSATION DOUBLE DIPPING? PROCEED WITH CAUTION WHEN CLAIMS COLLIDE – By Geoff Wark – Making multiple claims for the one injury can come back and bite you, as a decision of the District Court has shown. In law, one matter may fall under more than one area. For example, an injury in the course of…

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CTP INSURANCE: HOW WILL THE CHANGES AFFECT YOU?

August 9, 2016

CTP INSURANCE: HOW WILL THE CHANGES AFFECT YOU? – By Andrew Carpenter –  Changes to Compulsory Third Party Insurance (CTP) in South Australia will impact on everyone who currently has a claim or a potential claim. It is important that you understand what is happening, how it may impact you, and that you know your legal rights.…

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WHEN A CAR ACCIDENT CLAIM HAPPENS AT WORK

November 10, 2014

WHEN A CAR ACCIDENT CLAIM HAPPENS AT WORK The issues that can arise when a person is injured at work as the result of a car accident were highlighted in a recent District Court case. The plaintiff was hit by a car while crossing the road to do her employer’s banking. As she was entitled…

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$600,000 FOR NOT WEARING A SEATBELT – WHO’S AT FAULT?

October 14, 2014

$600,000 FOR NOT WEARING A SEATBELT – WHO’S AT FAULT? A woman who was left a paraplegic after suffering catastrophic injuries in a car accident appealed the decision of a Court to reduce her damages of $2,400,000 by nearly $600,000 because she wasn’t wearing a seatbelt. The case involved provisions under the Civil Liability Act…

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WHAT NEEDS TO BE DONE WHEN YOU’RE INJURED IN A HIT AND RUN CAR ACCIDENT?

September 5, 2012

WHAT NEEDS TO BE DONE WHEN YOU’RE INJURED IN A HIT AND RUN CAR ACCIDENT? Many people are not aware that if you are injured in a car accident and the other driver fails to stop and can’t be located a claim for compensation for injuries sustained can still be made. If you are involved…

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WHAT CAN BE DONE TO AVOID DEMERIT POINTS?

May 3, 2012

WHAT CAN BE DONE TO AVOID DEMERIT POINTS? When a police fine for a speeding charge is paid or a conviction is recorded in Court, then demerit points are incurred* unless the Court is satisfied that the offence was ‘trifling’ or any other proper cause exists to reduce the number of demerit points. The Supreme…

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HOW INTOXICATION CAN AFFECT A COMPENSATION CLAIM.

May 3, 2012

HOW INTOXICATION CAN AFFECT A COMPENSATION CLAIM. A pedestrian who was the victim of a hit and run has had his award of compensation reduced by half from $638,155.02 to $319,077.51 on the basis that he was extremely intoxicated and ought to have been aware that he was creating a situation of danger. The incident…

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BREATH ANALYSIS TEST HELD TO BE UNRELIABLE

December 1, 2011

BREATH ANALYSIS TEST HELD TO BE UNRELIABLE On 1 December 2011 the Full Court of the Supreme Court upheld a decision to dismiss a charge of driving with the prescribed concentration of alcohol on the basis that the person charged had shown that the breath analysis reading was unreliable. The defendant in that case was charged with driving…

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