PERSONAL INJURY NEWS - $4.5 MILLION AWARD PUTS FOCUS

It is sad that tragedies should be needed to draw the attention of authorities to major safety issues.

In September 2004 a judgement in favour of a Stacks/Goudkamp client sounded a warning to all levels of government that they will be held responsible for " black spots" on roads that are inadequately sign posted.

My client was left a quadriplegic after a road accident in Far North Queensland in 1996.

The award of $4.5 million, while one of the largest in Queensland, can never fully compensate my client for her loss.

Mr client was driving on a remote road north of Cooktown, when she swerved to avoid a head-on collision with an unidentified car and lost control of her 4WD.

The unidentified car was travelling on the wrong side of the road in a blind spot on the crest of a hill that was not sign posted.

The judge found that the Nominal Defendant and the State of Queensland contributed to the accident.

The claim was brought against the Nominal Defendant (representing the driver of the unidentified car) as well as the Cooktown Shire Council and the Queensland Main Roads Department.

It was found that nothing was done to provide adequate warning signs that the road suddenly dipped sharply to the right.

The award sounds a warning to all levels of government that highly dangerous trouble spots on remote roads cannot be ignored and must be either eliminated or properly sign posted.

There was an immediate response in the media to the judgement from the Local Government Association of Queensland that road signs in Queensland would have to be reviewed.

Signage and other road safety issues in outback Australia are becoming exacerbated by the great increase in the number of 4WD adventure travellers and ‘ grey nomads’ –retired travellers, towing caravans and trailers.

It is common practice for outback travellers to drive vehicles on the centre of roads ( or on the wrong side) to avoid hazards.

The mix of poor roads, poor signage and a constantly increasing n umber of travellers is creating a lethal combination of factors that a resulting in deaths and horrendous injuries.

( *This case is currently under appeal ).