Rhys Lawrence Rech v Transport Accident Commission S CI 2016 03973

On 15 February 2018, a civil jury of six found that the plaintiff was injured as a result of a transport accident involving the negligent driving of an unidentified vehicle. They awarded damages to the plaintiff in the amounts of $25,000 for pain and suffering, and $5,000 for loss of earnings and earning capacity.

In the early hours of 4 May 2013, the plaintiff was riding his motorcycle north along Plenty Road in Preston. The plaintiff alleged an unidentified vehicle pulled out in front of him without lights or an indicator, and that he swerved onto tram tracks, which were wet due to rain.  He said he fell from his motorcycle, injuring his left ankle, among other parts of his body. As a result of the accident, the plaintiff said he was unable to stand or walk for long periods of time, and could therefore not return to work in the hospitality industry.

The defendant argued there was no unidentified vehicle, and that the plaintiff’s motorcycle had slipped on the tram tracks while changing lanes. The defendant also alleged that the plaintiff’s ankle injury occurred in a basketball game weeks later, and that the injuries from the accident amounted to cuts and bruising.

The jury found in favour of the plaintiff. The Court dismissed the proceeding pursuant to s 93(7) of the Transport Accident Act 1986 (Vic).

Note: a jury does not give reasons for its verdict.

Author
Supreme Court of Victoria
Publisher
Supreme Court of Victoria
Date of publication