A threshold injury under the Motor Accident Injuries Act 2017 (NSW) includes a soft tissue injury and a psychological or psychiatric injury that is not a recognised psychiatric illness (adjustment disorder and acute stress disorder are the usual examples; s 1.6 and Motor Accident Guidelines Part 5).
Driver fatigue accidents are treated under NSW's Compulsory Third Party (CTP) scheme, which is administered by SIRA. If you were injured in a collision caused by a fatigued driver, SIRA determines your eligibility for compensation based on specific legal criteria. This article explains how SIRA interprets driver fatigue claims, what benefits are available, and practical steps to take in Bankstown and other NSW areas.
How SIRA defines driver fatigue for CTP claims
SIRA does not provide a specific legal definition for 'driver fatigue' in its guidelines. Instead, it assesses whether the accident was caused by a driver who was too tired to operate the vehicle safely. This determination relies on evidence such as medical records, witness statements, and police reports. For example, if a driver admitted to being exhausted or had a medical condition that impaired alertness, SIRA may link this to the accident.
Types of claims available for driver fatigue accidents
Under the CTP scheme, claims for driver fatigue accidents typically fall into two categories: statutory benefits and common law damages. Statutory benefits include weekly income payments, treatment and care benefits, and compensation for permanent impairment. These are available if the accident resulted in a 'threshold injury', a defined level of harm under the Motor Accident Injuries Act 2017. Common law damages, which cover pain and suffering, are only available if the injury meets the 'whole person impairment' threshold.
How SIRA's approach differs from other CTP scenarios
SIRA treats driver fatigue claims like other CTP claims, but the key distinction is proving the link between fatigue and the accident. Unlike claims involving alcohol or drugs, driver fatigue is assessed based on medical evidence rather than legal presumptions. This means the burden of proof is higher, and SIRA may require detailed documentation to establish that fatigue contributed to the collision.
Practical steps for drivers in Bankstown
If you were injured in a driver fatigue accident, take the following steps: 1) Seek immediate medical attention and document all treatment records. 2) Gather evidence such as police reports, witness statements, and photographs of the accident scene. 3) Notify the at-fault driver's insurer, as they must cover CTP claims under NSW law. 4) Keep records of lost income and expenses, as these may support your claim for weekly benefits.
Time limits and when to seek advice
You have 52 weeks from the date of the accident to claim statutory benefits for 'only injuries' (threshold injuries). After this period, weekly payments and treatment benefits generally stop unless the injury meets the whole person impairment threshold. For claims involving long-term harm or disputes over the injury's severity, it's essential to consult a legal professional before the 52-week deadline.
Example of a driver fatigue claim
Consider a scenario where a driver fell asleep at the wheel, causing a collision. SIRA would evaluate whether the driver's fatigue was a contributing factor. If medical evidence shows the driver was sleep-deprived and the accident resulted in a threshold injury, the claimant may receive weekly income payments and treatment benefits. However, if the injury does not meet the whole person impairment threshold, common law damages would not be available.
Every claim depends on its own facts. To request contact about your circumstances, complete the quick, no obligation enquiry form.