Motor Accidents
29 April 2026
2min read
Key Takeaways
Cyclists in NSW have stronger protection than in many countries. Motor vehicle drivers are at fault in more than 70% of vehicle-cyclist collisions, yet cyclists face burden of proof in disputes.
• Road deaths from cyclist accidents have decreased, but serious cyclist injuries have increased significantly
• NSW provides Blameless Accident protection allowing cyclists to claim compensation regardless of driver fault
• Other countries have successfully implemented reverse onus laws presuming driver liability
• Greater protection under reverse onus laws encourages more people to cycle, reducing road congestion
Recent evidence suggests that road deaths involving cyclists are down, but there has been a significant increase in serious injuries of cyclists.
It is suggested that the burden of proof in car and cyclist accidents where liability is disputed should shift to motor vehicle drivers as research suggests that motor vehicle drivers are at fault more than 70% of the time.
This reverse onus would mean that motor vehicle drivers would automatically be considered at fault unless they can provide evidence to the contrary.
Due to the perceived danger associated with cycling, many are opting out of cycling as a means of enjoyment, exercise, and transport. As a side effect of the decline in cycling, there will be more congestion on the roads and more pollution.
It seems logical that the burden of proof be shifted to the ‘more powerful road users’ considering they are more likely to be the ones at fault.
Should Australia introduce a presumption of liability against drivers in cyclist accidents?
By shifting the burden of proof, more people may be inclined to take up cycling as they would feel safer and protected by the law. In other countries, the reverse onus has been successfully implemented and has achieved positive results.
Therefore, it is suggested that Australia should implement new laws which presume liability of motor vehicle drivers when they are involved in accidents with cyclists and liability is disputed.
In NSW, it is important to note that cyclists are already protected under the Blameless Accident provisions of the Motor Accidents Compensation Act 1999. This provision enables the cyclist to obtain compensation for accidents where the driver is not at fault. This means that the cyclist is almost always able to make a claim for compensation under the Act no matter who is at fault.
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What Is a Threshold Injury Under the Motor Accident Injuries Act 2017?
Once you have made a claim for personal injury benefits under the new Motor Accident Injuries Act 2017 which is effective for accidents after 1 December 2017, the insurer will pay weekly payments of compensation (if you are unable to work) and medical expenses for a period of twelve months.
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serious injury
Allowing seriously injured people to secure the compensation they deserve so they can return to enjoying life.
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