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About Ali Hart

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So far Ali Hart has created 8 blog entries.

Taken no time off work? Minor accident pays $70,000.

Facts (Whitney v Whiteway & Anor [2006] QDC 163) On 4 April 2004, Ms Whitney was leaving Carindale Shopping Centre, QLD on a Sunday afternoon. When driving out of the shopping centre car park, she stopped to ensure it was safe to continue out of the car park. Ms Whitney was wearing her seat belt, leaning forward and had her head turned looking to her right to give way to cars which came quickly around a sharp corner. Another driver, exiting the carpark, crashed into Ms Whitney  in what was described as a “substantial impact”. As a result of the accident, Ms Whitney suffered injuries to her neck and lower back which continued to persist. Two days after the accident, she went and saw her doctor and had a number of days off work, which were already planned as she had a pre-booked surgery. After her surgery, she saw a [...]

July 16th, 2017|Car Accident Case Law|

Pedestrian hit by mini bus sues for $266,000

The Facts On 30 May 2008 at 2.30 pm, Dr Ysaiah Ross stepped off the footpath outside the Sydney Airport and was struck by an unidentified minibus. The driver of the minibus got out and told Dr Ross “he did not see him” and asked whether he was okay. Dr Ross told the driver of the minibus he was okay. The driver of the minibus noticed Dr Ross was bleeding.  He went back to the minibus and got Dr Ross a box of tissues and again asked him if he was okay.  Dr Ross again said he was okay. Dr Ross said when he was bending down to wipe his cut, the driver went back to the minibus and drove off.  Dr Ross didn’t get the driver’s name or the registration details of the minibus. At the time, Dr Ross did not think he was seriously injured although he was [...]

July 12th, 2017|Hit and Run Case Law|

Pedestrian’s mother awarded damages after son ignores red pedestrian light and runs across road in front of oncoming traffic

Facts On 6 October 2008, a taxi driver was driving down Market Street, Sydney. As he approached the intersection with George Street, he had a green light. At the same time, two young men ran across Market Street ignoring the red pedestrian light. They passed in front of the taxi, narrowly avoiding being hit.  The taxi driver did not slow down. As the taxi driver crossed George Street, a third young man, Scott Shivas, ran onto Market Street into the path of the oncoming taxi.  Scott Shivas was hit by the taxi and sadly died from his injuries. Scott’s mother brought a claim against the taxi driver for nervous shock. Nervous shock is a legal term used to describe the psychological harm or illness (such as depression or anxiety) developed after an accident. Pedestrians being killed by cars is also not uncommon in Australia. The graph below shows the latest [...]

July 6th, 2017|Car Accident Case Law|

How to prove an accident happened when you have no memory of it

The Facts Ronald, an immigrant from Germany, lived in a first floor apartment in Dulwich Hill, Sydney. After a hard days’ work, he retired to the balcony to watch the sunset and have a couple of glasses of wine. After that, Ronald decided to go for a walk in the evening. Passing some rubbish bins, Ronald stepped off the footpath to cross the road. As he stepped onto the road, Ronald was hit by a car without warning. … Ronald was thrown to the ground landing next to a parked car. How did he get there? Ronald had no memory of being hit by the car. … someone asked if he was okay. It was the owner of the parked car and a neighbour, who came out after hearing the collision. … Ronald woke up at a hospital. What on earth has happened? Ronald had been struck by a car [...]

July 3rd, 2017|Hit and Run Case Law|

Don’t be afraid to tell your Doctor everything – it pays!

You would be forgiven for thinking that if you were sitting, stationary in your car and waiting to turn left, when you are hit from behind by another car and your car is pushed for 50 metres along the road, that you would be entitled to a substantial damages payout. Well, that does not always turn out to be the case. Facts (Lehmann v Warren & Anor [2017] QDC 69) While driving her car on 2 September 2014, Ms Linda Lehmann was stationary, waiting to turn left, when another vehicle failed to stop behind her, collided with her car and pushed it 50 metres along the road. Ms Lehman suffered minor injuries in the accident including: Whiplash affecting her neck Whiplash affecting her lower back She was taken to the Gold Coast hospital for observation and released later that day.  The accident happened on a Tuesday.  Ms Lehmann took the [...]

June 29th, 2017|Car Accident Case Law|

Inexperienced tenpin bowler sues Alley for $156,000

The Facts (Windley v Gazaland Pty Ltd) The lights dimmed, the games began, and Susan stepped up to take her turn. Susan was out with her work colleagues one evening for a session of ‘glow in the dark bowling’. Like most of us, Susan had no real bowling skills. In an effort to improve, she aligned her bowling stance to match an impressive looking bowler 2 lanes down. As she stepped forward to release the ball, Susan crossed the foul line and suddenly slipped and fell onto her left hip, causing a serious fracture and extreme pain. Nearly two years later she was still in pain and unable to work or go about her day the way she had before the accident. Susan brought a claim for compensation against the bowling alley, alleging the bowling alley’s lack of lighting and line marking caused her injuries. The bowling alley argued the [...]

June 26th, 2017|Public Place Accident Case Law|

Missed Deadlines Could Mean Missed Compensation

by Sarah Carlisle Important Time Limits There are many important time limits involved in claims for personal injuries. You might already know that if you are injured in an accident in Queensland, you generally have 3 years from the date of the accident to bring your claim pursuant to the Limitation of Actions Act 1974. But if you think that means you can wait until the 3 years is nearly up to commence the claims process; think again. Long before the 3 year time limit is up, there are a number of other steps which need to be taken to keep your claim progressing. These steps can include: Serving an initial claim form on the party at fault; Undertaking immediate enquiries to attempt to ascertain the registration details of the vehicle that hit if you are in a car accident and you did not obtain the vehicle’s registration details; [...]

March 22nd, 2017|General FAQ Articles|