On 7 June 2018 the Treasury and Finance Legislation Amendment Bill 2018 was second read. The Bill contained important amendments to the Transport Accident Act 1986. These amendments resulted from a consultation process.  The Law Institute, the Australian Lawyers Alliance (ALA) and the TAC participated in the process.  Peter Burt is a member of the consultation committee. Now any cyclist ...

Where two or more bones come together in the human body you have what is called a joint. Examples of joints include shoulders, elbows, wrists in the upper limbs and hips, knees and ankles in the lower limbs. Joints work wonderfully well when we are uninjured. This is because where two or more bones meet to form a joint, the ...

Social media is a term that has become familiar to us all over the past decade. It is the term used to describe the social interaction that occurs among people/users through the creation of a profile and then the sharing and exchange of information and ideas in virtual networks. Some of the most common social media sites include Facebook, Instagram, ...

To be able to ride a motor bike on a public road, it has to be registered.  When you register a vehicle you also pay a TAC charge.  This entitles you to TAC Compensation. Many people who enjoy trail bike or dirt bike riding, hardly ever ride their motor bike on a public road.  Unregistered motor bikes are often trailered ...

With the increasing popularity of cycling in Victoria, more and more cyclists are being injured on the road and in transport accidents. The State Government and Local Governments are actively encouraging cycling with the introduction of dedicated cycling lanes and bike paths. But these lanes and paths do not span the entire road network and inevitably cyclists are required to ...

When we register or re-register a motor car in Victoria, we pay two fees. The first is the actual registration fee and the second is a transport accident charge. The transport accident charge goes to the Transport Accident Commission (TAC). Currently, to register a private motor car in Victoria, a registration fee of approximately $180.00 is payable. The transport accident ...

The popularity of mobile devices has had very dangerous consequences. Studies worldwide have proven that mobile phone use whilst driving leads to significant distractibility.  These distractions can result in injury and loss of life. The simple act of talking on the phone whilst driving (even handsfree) is distracting. However, texting is the most dangerous form of mobile communication while driving. ...

How do you describe what has occurred when one vehicle collides with another vehicle, a pedestrian, an animal or a stationary object such as a tree or power pole? Do you think of it as a road accident or a road traffic accident, a traffic accident, a motor vehicle accident or collision, a car accident or car crash or an ...

The benefits payable to accident victims are indexed from 1 July each year.  They are indexed under Section 61 of the Transport Accident Act 1986.  Click here to see the latest list of indexed benefits from 1 July 2023. ...

A TAC common law claim can be brought by a seriously injured TAC claimant.  The seriously injured claimant seeks common law damages.  The claimant must show that their injuries were caused by the negligence of another person. Negligence – proving liability For a successful TAC common law claim, a claimant must prove that another was negligent.  Usually, the negligent party ...

The TAC compensation scheme that operates in Victoria is primarily a no-fault compensation scheme. However, transport accident victims whose injuries were caused by the negligence or carelessness of another person can, subject to a number of significant legal requirements, bring a common law damages claim against the negligent party (the defendant). To bring a common law claim they must also ...

Transport accidents account for about 40% of all spinal cord injuries in Victoria. The Transport Accident Commission (TAC) is required to compensate victims of transport accidents in Victoria. The TAC scheme provides no fault compensation that includes hospital and medical coverage, income support and an impairment lump sum benefit. The TAC scheme also provides for seriously injured accident victims to ...

Where two or more bones come together in the human body you have what is called a joint. Examples of joints include elbows, hips, knees and ankles. We all know how wonderfully well joints work when we are uninjured. The reason joints work so well is that where two or more bones come together to form a joint, the end ...

The word liability is a legal term. It describes that part of a TAC common law claim that deals with how the accident occurred. It is best characterised by the expression – “Is the defendant liable to pay damages?” The defendant will only be liable to pay common law damages if it was the defendant’s negligence that caused the accident ...

In a common law damages claim, the person who brings the claim is called the Plaintiff. The person against who the claim is brought is called the Defendant. Proving Negligence For a Plaintiff to succeed it is necessary to prove that the Defendant was negligent.  That is, that the Defendant’s negligence caused the Plaintiff’s injuries. To be negligent, the Defendant ...

Traumatic Brain Injury (“TBI”) is a common injury in transport accidents. TBI’s are probably the most commonly undiagnosed injuries in a hospital setting. A mild TBI or concussive head injury often goes undiagnosed as the symptoms of the injury are often quite subtle and can mimic the side effects of pain killing medications. Further, transport accident victims often present to ...

For those accident victims whose level of permanent impairment is determined by the TAC at less than 30%, a common law damages claim can still be brought, provided one of the four narrative definitions of “serious injury” contained in Section 93(17) of the Transport Accident Act 1986 is satisfied. One of the narrative definitions of “serious injury” is as follows: ...

Many aspects of the Victorian TAC scheme are governed by a system of voluntary protocols (“the TAC protocols”). The TAC protocols provide the method by which TAC claims are managed, including the management of TAC common law claims. Under the TAC common law protocols there is a requirement for the parties to explore the potential for a negotiated resolution of ...

TAC claimants who suffer a “serious injury” and can prove that the negligence of another person caused their injury, can bring a common law damages claim. In our experience, most common law damages claims resolve within about 12 months of the accident victim retaining us to act. When a common law damages claim resolves there are a number of implications ...

The Transport Accident Commission (“TAC”) has developed a telephone claims process to speed up the process of lodging a TAC claim. ...

People injured in transport accidents are entitled to receive “no-fault benefits”. The available no-fault benefits fall into the following four categories: Hospital and medical coverage from the TAC – Section 60 of the Transport Accident Act 1986. Loss of Earnings (LOE) benefits which cover income lost during the first 18 months after the accident. Loss of Earning Capacity (LOEC) benefits ...

Victims of road trauma may be entitled to compensation and common law damages under the Victorian Transport Accident Scheme, administered by the Transport Accident Commission – TAC. Anyone injured in a motor car accident, tram or train accident in Victoria has a potential entitlement to no-fault benefits and common law damages from the TAC. Anyone injured whilst travelling in a ...

Surveillance is sometimes used by the Transport Accident Commission (TAC) as a means of ascertaining whether or not an accident victim has a genuine disability. Typically, an accident victim who sustains mild to moderate injuries, but presents to examining doctors claiming a significantly high level of disability, will often be the subject of surveillance. TAC does not routinely use surveillance. ...

Many overseas visitors to Australia are injured in transport accidents each year. A visitor injured in an accident in Australia may be entitled to compensation.  For transport accidents in Victoria, overseas visitors can receive compensation under the Victorian Transport Accident Scheme.  Additionally, if injured interstate, an overseas visitor in a Victorian registered motor vehicle will be covered. The compensation is ...

In the context of the Victorian transport accident compensation scheme, impairment and disability are two very separate and distinct concepts. ...

If you are injured in a transport accident having the right lawyer to represent you is very important.  Your choice of lawyer may turn out to be the most important decision that you make. Knowledge The TAC scheme has been operating for over 30 years during which time the Transport Accident Act 1986 has been amended by the Victorian Parliament ...