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Do I have a truck accident claim?

Truck drivers are the backbone of Australia, but the sheer number of trucks on our roads means accidents are devastatingly common. If you’re a driver, passenger, pedestrian or cyclist injured in a truck accident, you may be entitled to make a motor accident claim.

Additionally, if the truck accident happened while you were working, you could have a workers compensation or common law claim. For permanent injuries, you may also be entitled to a Total and Permanent Disability benefit through your superannuation policy.

No matter your situation or how your truck accident occurred, we can help. We have over 25 years’ experience getting injured Australians the truck accident compensation they deserve.

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What to do after a truck accident

  1. Get medical treatment: after a truck accident, your first priority should be your own safety. Make sure you get all necessary medical treatment for your injuries, even if they seem minor. Your medical records are also crucial evidence to support your future claim.
  2. Obtain witness statements: at the scene, speak to any witnesses and write down their statements. You’ll also need to get their names and contact details so they can be contacted if more information is required or so their statements can be sworn.
  3. Take photographs: get as many photographs as possible of the accident location, the truck involved, and the damage done to vehicles.
  4. File a police report: it’s crucial to report the accident to the police as soon as possible, generally within 24 hours.
  5. Speak to a lawyer: at this stage, we strongly suggest speaking to an expert truck accidents lawyer. In a free consultation, we’ll explain all your entitlements and outline the best strategy for maximising your compensation.

How much compensation will I get?

In NSW, the compensation you can claim is based on whether you’re filing a ‘no-fault’ CTP claim or a ‘common law damages’ claim.

No fault CTP claims

Your compensation for a no-fault claim depends on whether your injuries are minor or non-minor.

These typically include:

  • Soft tissue injuries (such as whiplash).
  • Minor psychological injuries (those not classified as psychiatric illnesses).

If you’re diagnosed with a threshold injury, you’ll receive weekly payments to cover:

  • Lost income (if your injury prevents you from working).
  • Hospital, medical, and rehabilitation expenses.
  • Domestic care, whether provided by professionals or by friends and family.

These can include:

  • Significant physical injuries, such as broken bones, nerve damage, or brain injuries.
  • Recognised psychiatric injuries, such as depression, PTSD, or Generalised Anxiety Disorder.

If you’re diagnosed with a non-minor injury, you’ll receive weekly payments to cover:

  • Lost income.
  • Hospital and medical expenses.
  • Rehabilitation and domestic care costs.

Common law damages claims

You may be entitled to file an additional common law damages claim if:

  • The truck accident was not your fault.
  • You have more than minor injuries.

Depending on the severity of your injuries, you could receive compensation for:

  • Lost earnings.
  • Loss of future earning capacity.
  • Pain and suffering.
  • Reduced life expectancy.

Because non-economic losses do not have a fixed dollar value, you could receive a substantial lump sum settlement.

To find out more about your entitlements, head to our complete motor accident compensation guide.

What additional claims could I have?

If you were driving a truck for work at the time of your accident, you may have a workers compensation claim. Your compensation includes weekly payments to cover:

  • Lost earnings (up to 95% of your pre-injury income).
  • Hospital and medical expenses.
  • Rehabilitation, counselling and other support services.
  • Travel expenses.

If your injuries are permanent, you may also receive an extra lump sum payment. You will generally need to meet your state’s minimum level of impairment before filing a claim.

For example, in NSW, you must have over 11% Whole Person Impairment (WPI) to be eligible for a lump sum payment. You can read more about claiming a permanent impairment payment in our guide to lump sum workers compensation.

You may have a workplace common law claim if you meet two criteria:

  1. You were working at the time of the truck accident: this includes driving between work sites or commuting between work and home.
  2. Your employer’s negligence caused the truck accident: this means your employer failed to take reasonable regard for your safety. Examples include improper truck maintenance or inadequate driver training.

A successful common law claim can provide substantial lump sum compensation, covering things like future lost wages and medical expenses.

However, pursuing a workplace common law claim will end your eligibility for weekly workers compensation payments. Before proceeding, we highly recommend consulting with an experienced truck accident lawyer. We’ll help you understand your rights and make sure you receive all the benefits you’re entitled to.

You may be entitled to weekly income protection payments if you’re temporarily off work because of the truck accident. Depending on your situation, you could receive:

  • Regular wage-replacement payments (usually monthly).
  • Up to 75% of your regular income including super.
  • Payments for a set period, e.g. 2 years, 10 years, or up to retirement age.

You could be eligible for a Total and Permanent Disability (TPD) claim if your truck accident injury permanently prevents you from returning to your job.

Unlike income protection or weekly workers compensation payments, a TPD benefit is a substantial lump sum designed to set you up for life. TPD coverage is typically part of your superannuation policy, so you may have this insurance without realising it.

What truck accidents can I claim for?

Over the years, we’ve helped hundreds of people make successful truck accident claims. Here are some of the most common truck accidents we’ve encountered:

  • Collisions: these involve the truck colliding with another vehicle, either in front-impact or side-impact (T-bone) accidents.
  • Rollovers: these occur when a semi-truck overturns onto its side or roof.
  • Fatigue-related accidents: often due to long shifts and tight schedules.
  • Tire blowouts: these are especially dangerous on trucks due to their significant weight.
  • Jackknife accidents: typically caused by sudden braking, where the trailer swings outwards, forming an acute angle with the cab.
  • Underride accidents: Occur when a smaller vehicle collides with the rear or side of a truck and slides underneath it.
  • Passenger accidents: if you’re a passenger in the truck or another vehicle involved in the accident.
  • Pedestrian accidents: if you’re hit by a truck while on the road.

Importantly, this is not a complete list. If you were injured in a truck accident, it’s likely you’re entitled to compensation.

How do I make a truck accident claim?

Every truck accident claim is unique, and the process for making a claim depends on a number of factors, including your state and whether you were at fault for the accident.

If you’re responsible for the accident and live in a state that allows at-fault claims, you need to lodge the claim with your own insurer and wait for their response. Be sure to include all relevant documents, such as doctor’s reports and medical expense receipts.

If the accident was someone else’s fault, the claims process will differ slightly:

Before starting your claim, we recommend consulting with an expert truck accident lawyer. We can help you understand your full entitlements and evaluate your chances of success. During this free consultation, we’ll also determine if you have a common law claim to ensure you receive the maximum possible compensation for your injuries.

To prove your claim, you’ll need to gather expert evidence. Fault-based CTP claims require proof of both your injuries and the other party’s liability. Without this evidence, your claim may not be approved.

Using our national network of medical and liability experts, we’ll build a strong, evidence-based claim. We cover the upfront costs of these experts, so there are no out-of-pocket expenses, and you won’t pay anything unless we win your case.

Once you’ve gathered sufficient evidence, we’ll assist you in lodging your CTP claim against the other party’s insurer. If you’re eligible for a common law damages claim, we’ll also initiate court proceedings at this stage.

The insurer will confirm whether your claim has been accepted. If it is approved, you should begin receiving weekly payments immediately. If your claim is rejected or the insurer offers less compensation than you deserve, we’ll assist you in appealing their decision.

If we’ve filed a common law damages claim on your behalf, you’ll need to attend a mandatory pre-court mediation with the insurer. To keep your claim stress-free and ensure the best possible outcome, your lawyer will handle all negotiations during this process.

Thanks to our expert preparation and extensive experience with truck accident claims, it’s likely your case will settle at mediation. However, if the insurer still refuses to pay the compensation you deserve, we can take your claim to court.

What if my truck accident claim is work-related?

For work-related truck accidents, refer to our easy five-step guide on making a workers compensation claim. It covers everything you need to know, including time limits and evidence requirements.

If your truck accident was due to your employer’s negligence, check out our common law claims page for all the details on filing a claim.

How much will my truck accident claim cost?

The exact cost of your claim depends on its complexity and how long it takes to resolve. But no matter your circumstances, you’re always protected by our No Win No Fee guarantee.

  • Zero financial risk: we cover all costs, including expert evidence, legal fees and admin. If your claim fails, there’s absolutely nothing to pay.
  • Transparent fees: receive a clear breakdown of our fees upfront.
  • Avoid court costs: we excel in settling claims via mediation, saving you the time, stress and expense of court.
  • Reduced legal fees: we recover our fees from the other party in the majority of cases, ensuring you keep more compensation.
  • 90-day risk-free trial: evaluate our services risk-free for 90 days. You can cancel anytime during this period without any charges.
Find out more about our fees

Making a truck accident workers compensation claim in NSW?

All workers compensation claims in NSW are government-funded by the Independent Review Office (IRO). That means you’ll pay absolutely nothing for our work on your truck accident workers compensation claim.

Find out more

Do time limits apply to my truck accident claim?

Yes, strict time limits apply to all truck accident claims.

In NSW, you have 28 days to report the accident to the police. You’ll then need to lodge an Application for Personal Injury Benefits form within three months. This form must be filed with the Personal Injury Commission.

If you’ve missed your state’s time limit for filing a claim, don’t worry — there are still options. Our specialist truck accident lawyers have extensive knowledge of the time limit exceptions for each state and can apply for an extension on your behalf. Over the years, we’ve successfully resolved numerous delayed truck accident claims.

Meet the team

Our team use their extensive experience to increase your chances of success. We’ve won many awards for our work, including ‘Compensation Law Firm of the Year 2020 GBM Global Awards.’

Leon Monaco
Managing Partner
  • English
  • Workers Compensation, Motor Vehicle Accidents, Public Liability, Medical Negligence
Nancy Kuan
Special Counsel
  • English
  • Family Provision Claims, Motor Vehicle Accidents, Public Liability
Vanessa Azzi
Senior Associate
  • English, Arabic
  • Motor Vehicle Accidents, Public Liability, Work Injury Damages
Kathryn Morcos
Solicitor
  • English
  • Family Provision Claims, Public Liability, Motor Vehicle Accidents
Madeleine Jennings
Paralegal
  • English
  • Family Provision Claims, Public Liability, Motor Vehicle Accident, Product Liability
Meet more of the team

What our clients say

When you walk through our doors, our top priority is to help you as much as we can. This commitment is shown in over 200 5-star reviews.

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Monaco helped me get much more compensation than I expected.

Monaco Lawyers helped me to receive compensation for an ongoing injury I sustained after I was simply driving home from work and was driven into head on by an incompetent and negligent driver who I believe was texting at the time of the accident.

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I am forever thankful! God bless you for being there for me whenever I called.

Monaco Compensation Lawyers are second to no-one. Anthony and his team were there for me every step of the way. When I got disheartened or down, I would make one phone call to the team at Monaco Solicitors, and they were there for me instantly—reassuring me and consoling me.

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Good result! We had a complicated claim but they got the job done.

My brothers and I had a complicated claim. I found Ben Ralph to be very helpful, himself and Sally Sutton worked hard for just over a year to get through our claim. They achieved a good result and got the monies paid to myself and my brothers.

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Thank you for accomplishing so much in such a short time.

Great communication, empathy and understanding. My case worker Daniella was a saint, understanding and patient and always passing on any updates in record time.

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I knew it from the very first phone call: I had found a compassionate law firm.

Monaco Solicitors, I have no hesitation in recommending Daniella Dababneh and her team. After I suffered a serious workplace accident, I was in need of legal help.

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They helped me juggle my injury claim and my mum's full-time care.

I highly recommend Monaco Solicitors. I was claiming PI through my superannuation for workplace injuries. They were doing a no win no fee which was great as I am a carer for my mum and don’t earn much.

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Monaco is the place to go for a lawyer that cares. You're in safe hands.

They helped me when I needed it the most. Monaco are very informative and genuinely care about the outcome of your matter. Navigating the CTP, ICP and TPD system can be very overwhelming. They reduce this where every they can.

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I'm glad my friend recommended Monaco. I was happy with the result.

Green Slip Claim: I switched from another Law firm to Monaco on advice from a friend. I am so glad I did, within weeks I was sent off for further scans which led to proof of the pain I was in. All throughout the claim process I was kept up to date. Once settled I was more than happy with the end result. I would definitely recommend Monaco Compensation Lawyers, thanks.

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The bill? Surprisingly reasonable, less than expected.

Sally was very helpful and always kept me up-to-date so if you ever use Monaco Solicitors just make sure you get Sally she’s very good. And the bill was very reasonable I thought it would be higher.

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Monaco's help reduced a 12-month process to just a few months.

My father originally found Monaco online for super claims,. They had discussed with him in great detail the processes and had been kind and very helpful a few years ago. When needing help with my mothers super claim I knew I could trust Monaco again.

Leon Monaco & team member

How we can help you

If you’ve been in a truck accident, obtaining basic CTP compensation might seem straightforward, but it often falls short of covering all your needs. That’s where we come in.

Our lawyers employ proven legal strategies and expert evidence to establish liability, even in the most complex cases. We also find all your additional claims, such as including workers compensationcommon law and TPD, ensuring you receive the maximum possible compensation for your injuries.

Named ‘Compensation Law Firm of the Year in Australia 2020,’ we’re industry leaders with the expertise to handle even the largest state insurers.

Contact us today for free advice on your truck accident claim. Find out how much compensation you could receive and whether you qualify for any other claims.

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