The Facts

Experienced motorbike rider injured in collision with kangaroo

As the judge noted, it was a case that "could only have taken place in Australia". A motorbike rider who had borrowed the motorbike from his friend was travelling along an unsealed dirt road from Noccundra through Hungerford in Queensland, to Bourke in NSW, when a kangaroo bounded out onto the road and collided with the motorbike.

The rider was thrown from the motorbike onto the ground, landing heavily on his right shoulder, and lost consciousness.

Rider of motorbike brings legal action against its owner

The motorbike rider brought a legal action against his friend, the owner of the motorbike, and the friend's third-party insurer. The basis of the claim was that the motorbike rider had been injured in a "blameless accident", as defined by the Motor Accidents Compensation Act 1999, and that, according to the statute, he was entitled to claim for damages via the third party insurance policy held by the owner of the motorbike.

case a - The case for the motorbike rider case b - The case for the motorbike owner
  • I had been travelling at 90-100 kilometres per hour, which was within the speed limit and a safe, appropriate speed for an unsealed road with corrugations. A dirt bike at that speed glides across the top of a corrugated road surface. At a lower speed it rides into the bumps and skids dangerously over the road.
  • I am a very experienced rider, was riding a bike designed to handle uneven roads and was keeping a close watch on the road ahead.
  • I only noticed the kangaroo when it was about 20 metres away and couldn't have spotted it earlier because it blended into the surrounding terrain.
  • I was not to blame for the accident and I should be compensated for the significant injuries that I've sustained.
  • The speed at which the rider was travelling was too fast to be safe on an unsealed road.
  • The rider did not notice the kangaroo earlier because he failed to keep a proper lookout on the road ahead. This has to do with his speed. He would have been more likely to see the kangaroo earlier if he had been travelling more slowly.
  • For these reasons, the rider was negligent. This means that the accident was not a "blameless accident" and the rider has no grounds for claiming damages for his injuries from the motorbike's insurer.
  • In any case, the laws related to blameless accidents exclude the possibility of claims by drivers of motor vehicles (or riders of motorcycles) where the owner was not involved in the use or operation of the vehicle at the relevant time.

So, which case won?
Cast your judgment below to find out

Vote case A – The case for the motorbike rider
Vote case B - The case for the motorbike owner

Jason Smith
Personal injury
Stacks Law Firm

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