OzSTOC
General Category => General Discussion => Topic started by: ruSTynutz on November 22, 2024, 09:14:57 AM
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Injured motorcyclist awarded $13.5 million in NSW Supreme Court legal test case
In short:
An injured motorcyclist has been awarded $13.5 million in a legal test case in the NSW Supreme Court.
Kyogle Shire Council was found negligent for not installing warning signs about loose gravel.
What's next?
The ruling sets a legal precedent in matters where lifetime care and support scheme recipients want to claim further compensation.
A motorcyclist who suffered lifelong injuries in a northern NSW road accident in 2019 has won a legal test case allowing him to
claim third party damages amounting to $13.5 million.
In a case finalised in the NSW Supreme Court this month, Kyogle Shire Council was found negligent for not installing warning
signs on the Summerland Way about the loose gravel which caused the rider to lose control.
The Gold Coast man, now aged 74, was on a Sunday ride with a group of friends in a rural area popular with touring motorcyclists.
He was leading the group when he slid on loose gravel and hit an embankment.
The spinal injuries he suffered mean he now requires 24-hour care and will use a wheelchair for the rest of his life.
To continue reading, click this link: https://tinyurl.com/5cyvrxa8
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Hopefully this will be a wakeup call to other Shire Councils around the Country... :thumbs
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It won't wake the Alice Springs council up there is 2 roads in the cbd that have that much loose gravel put on them every few months and it all gets carried into the intersections making it risky when applying brakes or turning on a motorcycle.
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Fingers crossed their "don't give an F" attitude will change now that this precedent has been set. :X
Perhaps someone could send the Council a link to this news item??? :whistle
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they would still remain deaf and blind to it.
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Hopefully this will be a wakeup call to other Shire Councils around the Country... :thumbs
.... and City Councils, Town Councils, VicRoads / Regional Roads Victoria (whatever their name is this week) and other State / Territory road authorities.
they would still remain deaf and blind to it.
Email the elected members directly (the link below has their mobile numbers and email addresses) and whilst your at it, Cc: local press, radio, TV, and a post in the local community Facebook pages. Once the elected members are aware of a problem and in turn they're aware the that the community is aware, they can't hide behind a shield of ignorance.
https://alicesprings.nt.gov.au/council/about/elected-members
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If the Councils are anything like those found in the Adelaide Hills, the expected response will be to just lower the speed limits even further.
I recall reading somewhere that Councils and the like were somehow exempt from liability in relation to road condition but it was sometime ago and given that negligence was considered a factor by the judge then what I had been reading probably didn't apply. I suspect there will be an appeal - I hope not.