This holiday season, we’re likely to see the usual increased congestion on the roads which invariably means an increase in motor vehicle accidents, and people being severely injured or killed. One highway notorious for catastrophic injuries is Queensland’s Bruce Highway, which has once again hit news headlines as more lives are suddenly cut short, writes Attwood Marshall Lawyers’ Compensation Law Senior Associate, Tina Davis.
As the festive season gets underway, it’s timelier than ever to take caution when travelling as this is usually the deadliest period for motorists. In December last year, 118 people died in road accidents across the country as thousands of Australians hit the roads to make the most of the holidays.
Queensland habitually hosts an influx of tourists travelling along the Bruce Highway which was actually named after the former Queensland and Federal Politician Mr Henry Adam Bruce. The highway stretches from Brisbane to Cairns covering nearly 1,700 kms of road. It provides a direct route to the State’s tropical climates and world-famous destinations such as The Whitsundays and Fraser Island. However, its direct access to holiday hot spots during peak tourism season means an inevitable increase of road accidents involving fatal and serious injuries.
More recently reported in the news was a horror multi-vehicle collision which occurred on the Bruce Highway near Rockhampton resulting in devastating consequences for the family involved. In August, three serious motor vehicle accidents on the Bruce Highway in Central Queensland involving catastrophic injuries. In July, another horror accident involving a Greyhound bus south of Townsville, which resulted in serious and fatal injuries.
Police and politicians alike admit Queensland’s major highway north needs attention where more than forty people have died on the road in the past year.
Newly elected Queensland Premier, David Crisafulli likened the highway to a “goat track” and has committed to commissioning an advisory body by the end of the year as promised before the election, while he vows to continue to put pressure on the Federal Government to inject more funding into the upgrade of the notorious Bruce Highway.
According to RACQ, The Bruce Highway’s average Fatal and Serious Injury (FSI) crash rate is three to five times higher than major national highways in New South Wales and Victoria. Queensland’s major highway has long been considered the backbone of the State and yet unlike its neighbouring State’s major roads, the Pacific and Hume Highways which have been upgraded to three, four and five stars out of five for infrastructure safety, half of the Bruce Highway is still a substandard two-star rating. This means the highway has hazards close to the roadside, surface defects, narrow shoulders and lanes, and increased risks of head on collisions.
The Australian Road Assessment Program, AusRAP, analysed crash data between 2018-2022 which showed upgrades, including the installation of dual carriageways on the Hume and Pacific Highways. They noted these improvements had almost eradicated the head-on crash risk – the crash type most prevalent in fatalities on the Bruce Highway.
Emboldened by this data, earlier this year, the RACQ, Local Government Association of Queensland (LGAQ), Queensland Farmers Federation (QFF), Royal Australasian College of Surgeons, Queensland (RACS Qld), Queensland Trucking Association (QTA), and Queensland Tourism Industry Council (QTIC) urged politicians to commit to a 10-year funding plan with the Federal Government to eliminate all two-star sections of the Bruce Highway.
Attwood Marshall Lawyers supports this campaign and looks forward to seeing its implementation in the near future. Road users deserve to travel on safe roads and a safe highway will mean more lives will be saved.
Closer to home, the M1 between Brisbane and the Gold Coast is no stranger to congestion and catastrophic accidents. This is despite having predominantly four lanes on either side of the roadway and being fairly recently completed. This does not seem to stop the regular occurrence of major accidents and long delays experienced by commuters. The Christmas period will no doubt test the M1 again, particularly with the upgrade roadworks continuing between Reedy Creek and Tugun.
Threats to safety on the roads this holiday season
Research from the Centre for Accident Research and Road Safety – Queensland, commissioned by The Queensland Police Service, has identified seven key indicators which increased the risk of motor vehicle accidents. These include:
- Speeding
- Drink driving
- Improper use of seatbelts
- Drug driving
- Effects of medication while driving
- Fatigue
- Mobile phones and distraction
The consequences of a serious motor vehicle accident can be upending and lifelong. The holiday season should be joyous and spent with loved ones. It should not be a time for grieving our loved ones, or recovering in a hospital with multiple injuries, uncertain as to what the future holds.
A person’s earning capacity can also be impacted due to nature of their injuries, which can cause a tremendous amount of stress and financial hardship.
We understand that for anyone in this scenario, having access to a personal injury lawyer who can provide advice and options is crucial.
Insurance companies can often be difficult to deal with and injured motorists often feel they have to jump through unnecessary hurdles, simply to get the treatment they need.
It is for this reason, our Compensation Lawyers are available 24/7 throughout December, and year-round, to provide urgent advice and support when needed.
Strict time limits apply to make a motor vehicle compensation claim
It is important to understand that if you are injured in a motor vehicle accident, there are time limitations that apply in bringing a claim against the insurer or Nominal Defendant (the statutory body who steps in when the at-fault vehicle cannot be identified or is unregistered).
In Queensland, you must serve a Notice of Accident Claim Form within 9 months from the date of the accident, or within one month of consulting a lawyer about the accident (whichever comes first).
The claim must then commence in court (or otherwise be time limit protected) within 3 years of the date of injury.
If the at-fault vehicle that caused the accident cannot be identified or is uninsured or unregistered, then a Notice of Accident Claim Form must be given to the Nominal Defendant within 3 months from the date of the accident. Claims must then be filed in court within three years of the accident.
Different time limitations apply to minors under 18 years of age, or individuals who do not have legal capacity.
New South Wales’ compensation process for motor vehicle accidents differs to that of Queensland, and time limits for bringing a claim against the insurer also vary.
Attwood Marshall Lawyers – helping injured motorists for over 75 years
Attwood Marshall Lawyers is one of Australia’s leading Personal Injury Law Firms. We have been helping injured motorists for over 75 years obtain compensation for injuries sustained in a motor vehicle accident.
We urge all motorists to take care this holiday season and to do their part to reduce the risk of accidents happening on our roads.
If you have been involved in a motor vehicle accident and need advice and support to obtain the treatment you need, please contact our Compensation Law Department Manager, Tyra Hall, on direct line 07 5506 8261, emailing thall@attwoodmarshall.com.au, or free call our 24/7 phone line on 1800 621 071.
Our lawyers are available for appointments at all our conveniently located offices at Coolangatta, Robina Town Centre, Southport, Kingscliff, Brisbane, Sydney and Melbourne.
If you are unable to attend our offices, we can also arrange phone or video consultations, or can visit you in hospital or a suitable location.
