Motorcycle rider wins judgment in accident

Published 02 Jul 2020

A motorcyclist who was hit from behind at a traffic light has been awarded nearly $183,000 in damages after it was found that the driver who hit him had acted negligently. The accident, which occurred in Erina – about an hour north of Sydney – took place in 2017.

The motorcyclist, Danny Swinfield, sued on the grounds that the other driver, Khudur Nasra, failed to stop at a red light, according to the court documents. These facts were hardly in dispute – Nasra admitted that he did not avoid hitting Swinfield's motorcycle, but his contention was that Swinfield had been "lane filtering" and darted in front of his vehicle before he had time to react appropriately.

What's the contention?

In fact, the accident happened not as the vehicles came to a stop, but rather as the light turned from red to green, and Nasra accelerated his truck before Swinfield did the same for his motorcycle, according to Personal Injury Monthly. At issue, then, was whether Swinfield's actions were contributory to Nasra's negligence.

However, in the end, the court ruled that Nasra did not do enough to prove that Swinfield was moving between the lanes of stopped vehicles or darting between cars, and thus, the court found in his favour.

Assessing the damages

To bolster Swinfield's defence, he had expert witnesses testify as to how the spinal injuries he suffered in the accident had affected, and would be affected in the future. As a consequence, the judge awarded him a total of $182,550 in damages, including $101,400 for past economic losses and $50,000 for future losses. Another $20,000 went toward covering the expenses for various treatments Swinfield has undergone and will require in the future, and $11,150 more will cover past loss of superannuation benefits. In addition, Nasra will have to pay Swinfield's costs.

If you or someone you know has been injured in a car accident, it's important to know whether you are entitled to damages. At Gerard Malouf & Partners, we have more than 35 years of experience in getting people the money they deserve, and can help you get the full picture of the options that might be available to you. Best of all, with our No Win No Fee program and a 90-day complimentary trial, there's no financial risk to you. Get in touch with us today to find out more.