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The majority of motor vehicle accidents resulting in fatalities occurred in the months of January, February, March and April of this year. The worse month for fatalities was April, 2009 with 54 fatalities recorded on New South Wales roads, which was 86% higher than April, 2008. Sydney recorded the highest number of fatalities and overall New South Wales recorded the highest number of fatalities in all the States and Territories for the twelve month period ending April, 2009.
According to the official figures males are still more likely to be involved in motor vehicle accidents with excessive speed followed by fatigue and alcohol the main causes of motor vehicle accidents.
During the twelve month period ending April, 2009 the age group most likely to experience motor vehicle accident fatalities remained the 17 to 25 year age group.
This group had the largest number of fatalities during the twelve month period ending April, 2009 reflecting the consistent findings that young people are over-represented as drivers and motorcycle riders in fatal motor vehicle accidents. According to official figures people under the age of 26 comprise only 15% of the total number of people holding drivers licenses in New South Wales but are involved in a staggering 36% of road fatalities.
Not only was this age group disproportionably represented in the number of fatalities they were also disproportionably represented in the number of casualties caused by motor vehicle accidents for this 12 month period.
The high number of serious injuries in this age group has led to the extension of benefits under the Lifetime Care and Support Program. The program was initially set up in 2006 for children under the age of 16 who have suffered serious injuries from a motor vehicle accident to make sure they received the care and support they needed throughout their lives, regardless of who was at fault for the accident. The scheme has been extended to now cover all people, regardless of age, who suffer serious injuries in a motor vehicle accident.
There are currently 123 people being cared for through the scheme with their injuries ranging from severe brain injury, spinal cord injury or a combination of both. The Government has predicted, based on current motor accident casualty figures, that 120 people will enter the scheme each year. The scheme covers a person’s medical costs, treatment costs and guarantees day-to-day practical services including assistance with personal care, domestic services, nursing care and respite care for families of the injured person.
Young drivers were also under the spotlight in the recent High Court decision of Imbre v McNeilly which involved a young, inexperienced driver who caused serious injury to his driving supervisor. The young and inexperienced driver was allowed to drive a four wheel drive station wagon on a remote gravel road in the Northern Territory. He lost control of the vehicle and it overturned and caused significant injury to his driving supervisor. The High Court considered whether the driver owed a lower standard of care to third parties injured as a result of his driving on the basis that he was inexperienced. The answer appeared to be no, with the High Court holding that a driver of a motor vehicle, regardless of his experience and training, owes a duty to all third parties to drive with reasonable care.
This decision reflects recent amendments to the Motor Accidents Compensation Act 1999 which now states that the standard of care required of a driver is not affected by that driver’s skill or experience.
At Walker Legal, our experienced Compensation Lawyers keep up-to-date on what’s happening in the motor vehicle accident area. We act with knowledge and expertise to help the claims of people injured in motor vehicle accidents or those who have lost loved ones in motor vehicle accidents. Call us to today on 1800 445 537.
June, 2009
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