As Australians return to work this January, Queensland’s roads have recorded their highest death toll in 16 years – and the picture remains grim across Australia. The stats show that the Christmas and summer holiday period continues to be one of the deadliest times on our roads, and all affected should be aware of their rights to compensation, writes Attwood Marshall Lawyers’ Compensation Law Special Counsel Claire Gibbs.
At the beginning of December, Queensland recorded 302 lives lost on our roads in 2025, matching the tragic toll from the previous year and marking the highest number of fatalities since 2009.
Nationally, nearly 1,300 Australians lost their lives in road accidents throughout the year. And the death toll is expected to climb as authorities continue to review holiday period data.
For those who have been injured or lost loved ones as a result of a road accident, the pain is immeasurable and can last a lifetime.
At Attwood Marshall Lawyers, we understand that behind every statistic are families forever changed.
We have learned that dealing with insurance companies and legal processes while grieving or recovering is an impossible burden to bear alone, which is why we are here to help.
Why the holiday period remains so dangerous
The Christmas and summer holiday period creates a perfect storm of risk factors on Australian roads. Traffic volumes increase as more families take to the road to arrive at their holiday destinations. Driver fatigue is likely to occur as individuals overestimate their mental ability to drive for lengthy periods of time. Meanwhile, local motorists are contending with a higher number of interstate travellers unfamiliar with their state’s roads.
Driver distraction remains a constant contributor to road injuries and fatalities, continuing to wreak havoc on Australian roads.
Queensland Police reported that in just one weekend before Christmas, six individuals tragically died on our roads. During a two-week targeted operation over the holiday period, police conducted more than 55,000 random breath tests. They detected 1,000 impaired drivers and have since made several public announcement warning against bad behaviours that persist despite intensive enforcement efforts.
Alcohol remains a factor in approximately 20 per cent of Queensland’s road fatalities, claiming an average of 57 lives each year. Drug driving is also on the rise, now claiming 59 lives annually in the Sunshine State, surpassing drink driving as a leading cause of fatal crashes.
An RACQ survey recently found that nearly three in four drivers admitted to drinking more alcoholic units than they had initially intended before getting behind the wheel. And almost half of designated drivers still consumed alcohol before driving.
The human cost: more than just numbers
Figures like 302 deaths in Queensland or nearly 1,300 nationally may seem abstract to the large bulk of Australians who haven’t been affected by such tragedies. But it’s important to remember that each number represents a person who will, from now on, always be missing from the dinner table or that social gathering with friends and family.
For those individuals that survive, the consequences of a serious motor vehicle accident extend far beyond the immediate injuries they sustain. Victims often face months or years of rehabilitation, continual medical expenses, lost income, and the psychological trauma of recovering from the life-altering event.
For families who have lost loved ones, the financial uncertainty and the process of making a legal claim can feel overwhelming at a time of profound grief.
We have seen firsthand how a single moment of another driver’s negligence (whether through distraction, impairment, or reckless behaviour) can destroy lives and devastate families.
Your rights to compensation after an accident
If you or a loved one has been injured in a motor vehicle accident during the holiday period, it is crucial to understand what compensation you may be entitled to – not as a windfall, but as vital financial support that can make ongoing treatment, recovery and long-term stability possible.
Individuals can claim compensation for personal injuries caused by motor vehicle accidents through the Compulsory Third Party (CTP) insurance scheme. Compensation may include medical and hospital expenses, out-of-pocket costs, loss of income (both past and future), pain and suffering, domestic assistance, and rehabilitation services.
The National Injury Insurance Scheme Queensland (NIISQ) and its equivalent in other states may provide additional funding for those who have suffered catastrophic injuries – such as permanent spinal cord injuries, traumatic brain injuries, or severe burns.
There are also dependency claims for families who have lost loved ones in fatal accidents. This avenue compensates for the financial support and services the deceased would have provided had they not died. It can also cover funeral expenses and, in some circumstances, nervous shock claims for family members who witnessed or were impacted by the traumatic event.
Critical time limits: don’t let your rights expire
If you were injured in an accident during the December and January holiday period, strict time limitations have already begun counting down.
In Queensland, you must serve a Notice of Accident Claim Form within nine months of the accident date or within one month of consulting a lawyer about the accident, whichever comes first. Your claim must then be commenced in court within three years of the date of injury.
For accidents involving unregistered, uninsured, or unidentified vehicles, even stricter deadlines apply. A Notice of Accident Claim Form must be given to the Nominal Defendant within three months of the accident, with the possibility of extension to nine months if you can provide a reasonable excuse for the delay.
Many people focus on their immediate recovery and understandably delay thinking about legal matters. However, insurance companies will not remind you of these deadlines. Missing them can permanently extinguish your right to claim compensation, leaving you to bear the financial burden of an accident that wasn’t your fault.
Different time limits apply in New South Wales, which has a different motor accident scheme.
In New South Wales, you may be entitled to statutory benefits (such as weekly payments and medical expenses), but strict time limits apply:
- Claims lodged within 28 days are backdated to the accident date,
- Claims lodged after 28 days but within three months are generally only payable from the date of claim,
- Claims lodged after three months may be refused.
If a claim is lodged outside three months, the insurer may still accept it where there is a full and satisfactory explanation for the delay and the insurer is not unfairly prejudiced. Even so, insurers can and often do dispute late claims, so early advice is important.
Again, for accidents involving unregistered and unidentified vehicles time is of the essence and it is critical that investigations begin as soon as possible and the accident is reported to the police within 28 days.
Statutory benefits are separate from a common law damages claim.
To pursue damages in New South Wales, a claim must be lodged within three years of the accident date. This deadline is strict, and extensions are uncommon.
Although both Queensland and New South Wales impose a three-year common law time limit, the pre-court steps and early benefit deadlines are very different. Getting the process wrong, or waiting too long, can have fatal consequences for your claim.
Wherever your accident occurred, it is critical to obtain state-specific legal advice as early as possible to protect your rights.
Moving forward: prevention and protection
As we enter the start of 2026, several states and territories across Australia have announced a raft of new road safety measures aimed at helping protect road users and reduce the death toll. These span the introduction of lower speed limits in high-risk areas and more enhanced enforcement technologies on our roads.
However, personal responsibility is undoubtedly the most effective safety measure. Every driver who chooses not to speed or drive impaired, who puts their phone down and stays alert to hazards, potentially saves a life.
Attwood Marshall Lawyers – we are here to help, 24/7
At Attwood Marshall Lawyers, our Compensation Law team has been helping injured motorists for 80 years. We understand the physical, emotional, and financial challenges you face after a serious accident, and we are committed to securing the compensation and support you need to rebuild your life.
We offer a free, no-obligation initial consultation so you can find out where you stand. We also operate on a “No Win, No Fee” basis for all motor vehicle accident claims.
Our goal is always to negotiate a fair settlement that fully compensates you for your losses and gets your life back on track. If the insurer’s offer is inadequate, we are prepared to take your matter to court to fight for the compensation you deserve.
Don’t let time limits expire while you’re focused on recovery. Contact us today to protect your rights and secure your future. Whether you need advice about a recent accident, assistance with an ongoing claim, or want to understand your options, we’re here to help.
Contact our Compensation Law Department Manager, Tyra Hanson, on direct line 07 5506 8261, email thanson@attwoodmarshall.com.au, or call our 24/7 phone line on 1800 621 071.
We have conveniently located offices at Coolangatta, Robina Town Centre, Southport, Kingscliff, Brisbane, Sydney, and Melbourne. If you are unable to attend in person, we can arrange phone or video consultations, or visit you in a hospital or at a location that suits your circumstances.
