Vic: Compensation should extend to cycling victims: lawyers

AAP General News (Australia)
08-30-2006
Vic: Compensation should extend to cycling victims: lawyers

MELBOURNE, Aug 30 AAP - 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 60kph.

A 30-year-old St Kilda man is expected to receive a penalty notice for allegedly failing
to stop at a red light.

AAP ce/gfr/jt/bwl

KEYWORD: GOULD

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