The Australian: Extend compo to cycling victims: lawyers - 30 August, 2006

The family of an elderly man struck and killed by a cyclist in Melbourne will not receive compensation from Victoria’s road accident body because it does not cover cycling accidents. Prominent legal firm Maurice Blackburn Cashman today called for the Transport Accident Commission (TAC) to be extended to include cycling accidents, to enable families to receive financial assistance. His call followed the death of 77-year-old James Gould, who was fatally injured while trying to cross Beach Road, in Melbourne’s south-east early on Saturday.

Motor vehicle accident specialist John Voyage said today the relevant legislation had been amended to extend some limited rights to cyclists, such as running into a stationery car. But victims of road cycling crashes were not entitled to any compensation or contribution towards funeral costs under the TAC, he said.

Mr Voyage said the TAC last year made a $464-million profit and could well afford to extend its cover to include cycling accidents. “This death is tragic and it is awful that the man’s family will have to bear the financial costs of his death and funeral and receive no compensation,” he said. “What if a similar accident had occurred and a single mother with three kids had been killed or even seriously injured?

“There would be no opportunity for her family to claim from TAC to pay medical bills, income support or compensation for the children.” Mr Voyage said the Government should urgently look into the legislation and change it to ensure TAC covers pedestrians and other victims of cycling accidents as soon as possible.

The accident involving Mr Gould occurred during the notorious “Hell Ride”, an unsanctioned weekly race in which up to 200 cyclists ride along Beach Road and the Nepean Highway at speeds of up to 60km/h. A 30-year-old St Kilda man is expected to receive a penalty notice for allegedly failing to stop at a red light.