Victorian grandfather awarded over half a million dollars following a freak road incident.

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Highlights:

  • Excavator bucket falls off the back of a truck onto a freeway
  • Driver sustains severe physical and psychological injury

Summary:

It was one of those accidents that is impossible to anticipate. You’re driving at speed down a freeway, when suddenly, a large piece of
earthmoving equipment falls off a truck and into your path. This is what happened to this Victorian grandfather.

Case Details:

The man, aged in his 60s, was driving on a stretch of Melbourne’s ring road, where the speed limit is 100km/h. Suddenly, he sees an excavator bucket lying on the road, but it’s too late to take evasive action. His car hits the bucket and becomes airborne.

In the impact, he suffered severe injuries to his spine, hip and and arms, as well as and psychological trauma. The paramedics remarked that he was lucky to be alive.

A few months after the accident, the man engaged Carbone Lawyers to explore the possibility of further legal action. Having thoroughly investigated the circumstances surrounding the accident, Carbone Lawyers issued common law proceedings.

Determining responsibility was complicated. The trailer carrying the excavator bucket was hauled by a prime mover registered in another state and operated by a driver from a labour-hire company on behalf of a host company.

The TAC had paid the claimant’s medical expenses and weekly payments. However, interstate road accident insurance bodies were also liable.

A claim was made for Pain and Suffering and Loss of Earnings against the driver for failing to secure his load correctly and the host company for failing to implement rigorous enough safety systems that would likely have prevented the accident.

Outcome:

Seven days before the case was due to go to court, all parties settled, with the man awarded over $500,000.

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