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Truck Accident Lawyers Perth

A truck crash is not the same as an ordinary car accident. The vehicles are bigger, the injuries are usually worse, and the people you end up dealing with - fleet operators, employers, CTP insurers

If you have been injured in a truck accident in Perth or anywhere in Western Australia, you may have more than one claim available to you. The right one depends on how the crash happened, who was at fault, and whether you were working at the time.

This page explains how truck accident compensation works in WA, what you can claim for, the time limits that apply, and what to do next.

Truck accident lawyers Perth Western Australia

Who Can Claim Compensation After a Truck Accident in Perth?

If you were injured in a truck accident in WA and someone else was at fault, you can usually claim compensation. That includes:

  • Drivers and passengers in cars, utes or vans hit by a truck
  • Truck drivers injured by another driver's negligence
  • Motorcyclists, cyclists and pedestrians struck by a heavy vehicle
  • Family members of someone in a truck crash
  • People injured in a hit-and-run or by an unidentified heavy vehicle

You do not have to be 100% blameless. If another driver was partly at fault, you can still claim. While your compensation may be reduced to reflect your share of the responsibility, the claim itself does not disappear. Our motor vehicle accident lawyers in Perth can walk you through whether you have a claim. Contact us today on 1800 952 898 for a zero-obligation, free claim assessment.

What Type of Claim Can You Make After a Truck Accident in WA?

Motor injury insurance claim through ICWA. Every registered vehicle in Western Australia is covered by compulsory third-party (CTP) insurance through the Insurance Commission of Western Australia. If another driver caused the crash, your claim is made against that driver's CTP policy. This is the standard pathway for most truck accident claims in Perth, and it is the same scheme covered in detail on our car accident lawyer Perth page.

Workers compensation and common law damages. If you were a truck driver, delivery driver, courier or any other worker injured on the job, you have a workers compensation claim against your employer's workers compensation insurer. If your employer's negligence caused the injury and your whole person impairment is at least 15%, you may also be able to elect common law damages on top.

Catastrophic Injuries Support Scheme (CISS). If your injuries are catastrophic (such as serious spinal cord injury, severe brain injury, major amputation, severe burns or permanent blindness) the CISS Scheme provides lifetime treatment, care and support on a no-fault basis. That means you are covered even if the crash was your own fault. We explain how CISS interacts with a damages claim on our motor vehicle accident compensation payouts WA page, and our catastrophic injury compensation lawyers act for clients with the most serious injuries.

The right combination depends on your circumstances. Our truck accident lawyers will work it out with you on the first call. Contact us today on 1800 952 898 to get started with your claim.

What Can You Claim For After a Truck Accident?

A successful truck accident claim in WA can cover:

  • Past and future medical treatment, surgery and rehabilitation
  • Past loss of income and superannuation
  • Future loss of earning capacity if you cannot return to your old job
  • Care and support, including paid and gratuitous care
  • Travel expenses for treatment
  • General damages for pain and suffering
  • Out-of-pocket expenses
  • Modifications to your home or vehicle

What Are the Time Limits for a Truck Accident Claim in Perth?

Time limits in WA truck accident cases are strict, and missing them can extinguish the claim.

Notify ICWA as soon as practicable. The Motor Vehicle (Third Party Insurance) Act 1943 requires you to lodge a crash report and injury notification as soon as practicable after the accident. The simplest way is online through ICWA's claims process. We can do this for you on your behalf

Three years to commence court proceedings. Court action for personal injury must be commenced within three years of the date you became aware of the injury, which is usually the date of the crash. Exceptions may apply, such as if the injured person is a child or has a mental incapacity. Unsure if you're eligible? Contact our truck accident lawyers on 1800 952 898 for a free claim assessment.

Three years to apply to the CISS Scheme. Applications under the Motor Vehicle (Catastrophic Injuries) Regulations 2016 must generally be made within three years of the accident, with limited extensions available in exceptional cases.

Workers compensation. A workers compensation claim should be lodged as soon as possible after the injury. Common law damages claims have their own threshold and election requirements.

Why Are Truck Accidents Different From Other Road Accidents?

When a truck is involved in a motor vehicle accident, the chance of serious injuries increases. A loaded heavy vehicle can weigh 40 tonnes or more, and this increase in weight results in added damage during a collision. Spinal injuries, traumatic brain injuries, multiple fractures, internal injuries, amputations and fatalities are all common in truck accident cases. That changes the value of the claim and the level of evidence required.

What Causes Most Truck Accidents in Perth and WA?

In our experience, the most common causes of serious truck accidents in WA include:

  • Driver fatigue and breaches of work and rest hour rules
  • Speed inappropriate for road or load conditions
  • Failing to give way, particularly at intersections and roundabouts
  • Unsafe lane changes and merging on freeways
  • Inadequately secured loads
  • Poorly maintained brakes, tyres or coupling equipment
  • Distraction and mobile phone use
  • Drugs, alcohol or untreated medical conditions
  • Pressure from employers or schedulers to push past safe limits

How Much Compensation Can You Get for a Truck Accident in Perth?

Truck accident payouts in WA range widely, from tens of thousands of dollars for shorter recoveries through to multi-million dollar settlements for catastrophic injuries. We have written more about typical ranges on our motor vehicle accident compensation payouts WA page.

The key factors that affect compensation payouts include:

  • The severity and permanence of your injuries
  • Your age and pre-injury earnings
  • Whether you can return to your old role, modified work, or any work at all
  • The strength of liability evidence (police reports, dashcam, telematics, witnesses)
  • Your need for ongoing care, treatment and home modifications
  • Whether contributory negligence is alleged

Two people with the same injury can end up with very different settlements. A 35-year-old high-income earner who cannot return to their trade is in a very different position to a worker close to retirement on a modest wage. Our job is to make sure every part of your loss is identified, documented and pursued.

If your injury also affects your ability to work long-term, you may have a separate claim under your superannuation TPD cover. Our TPD lawyers in Perth can check your entitlements at the same time. Contact our team today on 1800 952 898 to find out more.

What Should You Do After a Truck Accident in WA?

If you have been involved in a truck accident in Perth, the steps that protect your claim are usually the same:

  • Get medical attention and follow through on treatment, even if you feel okay at first
  • Report the crash to police and obtain an incident or report number
  • Take photos of the vehicles, the road, any skid marks, and your injuries
  • Get the names and contact details of the truck driver, the trucking company and any witnesses
  • Lodge a crash report and injury notification with ICWA
  • If you were working, report the injury to your employer in writing and lodge a workers compensation claim
  • Keep receipts, payslips, medical records and time-off-work records
  • Speak to a truck accident lawyer before signing anything from an insurer

Insurers move quickly after a serious crash. So should you.

Why Do You Need a Lawyer for a Truck Accident Claim?

You are not legally required to use a lawyer to make an ICWA claim or a workers compensation claim. In a small, uncomplicated matter that may be fine. In a serious truck accident, it usually is not.

A truck accident lawyer adds value by:

  • Identifying every claim available to you, not just the obvious one
  • Preserving telematics, dashcam and fatigue records before they are lost
  • Determining liability of the driver, employer, or other responsible party
  • Organising the right medical specialists to document your injuries properly
  • Calculating future economic loss correctly
  • Negotiating with experienced ICWA claims officers on your behalf
  • Advising you in real time on whether an offer is fair or whether to push back

Our lawyers have decades of experience helping clients claim their entitlements. Click here to read more about our WA team and the senior lawyers who run these claims.

How Do No Win, No Fee Truck Accident Claims Work?

Withstand Lawyers acts on a no win, no fee basis for truck accident claims in WA. That means:

  • Nothing is payable up front
  • Our fees are only payable if your claim succeeds
  • Fees are deducted from your settlement, not paid out of your pocket
  • If the claim does not succeed, you do not pay our fees

Before we start, we explain in plain terms what fees apply, what disbursements are likely, and how everything is deducted at the end. No surprises.

Speak to a Perth Truck Accident Lawyer Today

Our Truck Accident Lawyers pride themselves in not pressuring you to settle, but rather giving you clear advice as to how much your case is worth and what each option means for your future.

Truck accident claims in WA are won and lost on early decisions — preserving evidence, identifying every responsible party, getting the right medical opinions and using the correct claim pathway. Our senior lawyers have run heavy vehicle and motor injury cases for decades and know how to put our clients’ best interests first.

Call us on 1800 952 898 or contact us for a free claim check.

No win, No fee.

WA Truck Accident Claims FAQ's

How long do I have to make a truck accident claim in WA?
You generally have three years from the date of the crash to commence court proceedings under the Limitation Act 2005. The claim itself should be reported to ICWA as soon as practicable. If you are running close to the three-year mark, get legal advice immediately. Our lawyers can provide tailored information regarding your individual situation with our free claim assessment. Contact us today on 1800 952 898 to get started.
Can I claim compensation if I was the truck driver?
Yes. If you were driving a truck for work and were injured because of another driver's negligence, you can claim against that driver's CTP through ICWA. You are also entitled to workers compensation through your employer, and you may have a common law claim against your employer if their negligence (for example, unsafe schedules, faulty equipment or inadequate training) contributed to the injury. Our Perth workers compensation lawyers handle both pathways.
What if the truck driver who hit me cannot be identified?
You can still claim. ICWA's motor injury insurance scheme covers crashes caused by unidentified vehicles, provided you report the crash promptly and there is reasonable evidence that another vehicle caused your injuries.
Do I need to prove the truck driver was at fault?
For a CTP claim through ICWA, yes - fault must be established against the other driver. For workers compensation, no - the scheme is no-fault for medical and weekly payments. For common law damages against your employer, fault must be proved. For the Catastrophic Injuries Support Scheme, no - it is no-fault.
What if I was partly at fault for the accident?
You can still claim. WA applies contributory negligence, which means your compensation is reduced by your share of responsibility. Even if liability is split, the claim is usually still worth running, especially in a serious truck injury case.
How much does it cost to hire a truck accident lawyer in Perth?
We work on a no win, no fee basis. There is nothing to pay up front. Our professional fees are only payable if your claim is successful, and they are deducted from your settlement at the end. We explain all fees and disbursements in writing before you sign anything.
What if my injuries are catastrophic?
If your injuries meet the criteria for catastrophic injury (severe spinal cord injury, severe brain injury, major amputation, severe burns or permanent blindness), you may be eligible for the Catastrophic Injuries Support Scheme. The scheme provides lifetime treatment, care and support on a no-fault basis and runs alongside any common law claim you may also have. Our catastrophic injury compensation lawyers handle the most serious cases.
How long does a truck accident claim take in WA?
Most claims take 16 to 24 months. Smaller injury claims can resolve faster. Serious injury claims usually take longer because medical treatment and stabilisation need time before the long-term impact can be assessed properly. Settling too early on a serious injury almost always undervalues the claim.
Can the family of someone killed in a truck accident make a claim?
Yes. Dependants of a person killed in a motor vehicle accident in WA can bring a claim The claim covers loss of financial support, funeral expenses and other recognised losses. Strict three-year time limits apply.
What evidence helps a truck accident claim?
The most useful evidence includes police reports, photos of the scene and vehicles, dashcam footage, witness statements, medical records, telematics and electronic work diaries from the truck, the operator's fatigue and maintenance records, and your own employment and income records. The earlier we get involved, the more of this evidence we can preserve.

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