Motor vehicle accident causes injury to pushbike rider

Mr Smith, the plaintiff in the matter of the case Smith v Moore & Anor QDC 273, claims damages for personal injuries and consequential loss suffered by him as a result of a motor vehicle accident which occurred on 8 May 2011.

Mr Smith, who was 26-years-old at the time of the accident was riding his pushbike in West End, when a motorist, without looking, opened his parked car driver’s side door into Mr Smith’s path. Mr Smith swerved unsuccessfully to avoid collision and was thrown from his bike over the handlebars where he landed on the road.

Mr Smith sustained a fracture to his left index finger and a lower back injury. Mr Smith was taken to the Mater Hospital after the accident where he remained for four days and surgery was performed on his finger. It was accepted by the 2nd defendant that the plaintiff suffered an injury to his left index finger. However, the 2nd defendant did not accept that the plaintiff suffered an injury to his lumbar spine as pleaded, or at all.

At the time of the accident, Mr Smith was studying full time for a Bachelor of Urban Development which he had commenced in 2009. Mr Smith, who was qualified as an Aircraft Maintenance Engineer, was also working in that field part time.

The matter was appealed to the District Court, Brisbane on 3 December 2014, where Her Honour Judge Ryrie ordered judgment for Mr Smith in the sum of $66,962.45.