Unfortunately, accidents on the road are an everyday occurrence and can cause emotional, physical, and financial distress for all involved.

If you’re in Western Australia and have been injured in a motor vehicle accident due to someone else’s negligent driving, you may be entitled to claim compensation for your injuries.

Here we have collated some common questions to help you understand your legal rights and obligations and when you can claim compensation for your injuries.

What to do if you are completely at fault in a car accident?

If you are the driver or person who is 100 per cent at fault in a car accident, you will not be able to recover compensation for any injuries, sustained in the accident. Exceptions may apply in cases where the person at fault has suffered catastrophic injuries.

‘Fault’ is not always clear, and it’s common for there to be conflicting evidence as to how or why an accident occurred. For that reason, understanding the legal steps you need to take after an accident is important and we recommend speaking to a lawyer to help guide you through the process.

What if you are partially at fault?

Often the blame for a car accident does not rest with one driver, and it may be that both drivers involved in an accident are partially at fault.

In those cases, placing blame can be very tricky, and the car accident needs to be properly investigated from the outset.

If you can prove your injuries were due to someone else’s negligent driving, you may be entitled to compensation even if you are partially at fault.

Who is at fault in a car park accident?

People often wonder if there are special rules for car parks or accidents that occur on private property.

Every case is different, but generally, it should not matter where you were injured. Who is at fault in a car park accident will follow the same rules as anywhere else.

The main issue is usually whether you have been injured due to someone else’s negligent driving.

Other car accidents with parked cars

Even though a vehicle may be parked, the driver of the vehicle is still capable of injuring a person. One of the most common injuries caused is when a driver opens their car door whilst a cyclist rides past.

In these cases, it needs to be shown that the driver was negligent and the injury is caused by, or by the driving of, a motor vehicle.

Contact our experienced motor vehicle accident lawyers in Perth, WA

Whatever the circumstances of your car accident, understanding your legal rights and obligations is important.

Get in touch with one of our experienced lawyers at Bradley Bayly Legal to get reliable advice. Contact us for a free consultation with our experts now or call us on (08) 6279 2900. You can also send us an email at [email protected].


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Bradley Bayly Office

Contact Bradley Bayly Legal 

If you would like to discuss your serious injury claim and determine your next steps, contact us to arrange an obligation-free consultation. We will take the time to understand your personal situation and provide you with preliminary advice. While we are based in Perth, we are able to assist with state, national and international cases.

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