In recent years on-bike-cameras have emerged as a must-have among cyclists.

They have also become a common feature in social media, with videos capturing horrific incidents involving cyclists and other motorists.

Take, for example, the incident involving a young father and husband who was devastatingly struck by a passing car on his daily commute to work (see video below).

The footage is shocking – it captures the moment that the vehicle, which was travelling in the same direction, struck the young father throwing him to the ground at high speed. You can hear his screams and his tears of pain.

In the following hours, the young father would lose litres of blood and spend hours in surgery. His life changed forever.

There was also the astonishing footage out of the United Kingdom of the driver who intentionally swerved onto the wrong side of the road and drove head-on at a cyclist. It would have been very difficult to comprehend without the footage.

We speak to  Emily Billiau, our Cycle Law Expert who understands the issues cyclists face and has dealt with over 500 cycling accident claims in her legal career.

“Overall, I think there are some key advantages to cyclists using cameras:-​

One of the main advantages of cameras would have to be deterrence. With the increasing use of cameras, comes the increasing risk to impatient motorists that they will be captured on camera.

And logic would suggest that that might be enough to deter a small number of people who might otherwise deliberately target cyclists or be inclined to leave the scene of an accident.

Secondly, the footage captured on cameras can have great evidentiary value. They can help cyclists with establishing liability/fault.

And thirdly, with captured footage regularly featuring on the news and in social media, the video will help raise awareness of the vulnerability of cyclists generally on our roads. Hopefully, other motorists will come to appreciate the catastrophic effects that their actions can have on cyclists.

There are many different models of cameras available to cyclists. One of the best on the market is arguably the new Australian invented Fly-12.

With a significant number of road rage incidents and liability disputes in collisions involving cyclists, the camera footage could be vital.

For this month's contribution from Maximize Health Group, we decided to get some advice on accident recovery. 

We have again enlisted the help of Physiotherapist, Sean McCoola. Sean brings experience to his clients from 20 years as a physiotherapist and has a particular interest in sporting teams and rehabilitation programmes.

Read on to see his insights and get his top tips on accident recovery. 

Return to your normal daily activities as soon as possible including work, exercise and hobbies. Research has shown that if you return to normal movement and daily tasks your recovery will be quicker. Some pain during the recovery process is expected and does not automatically mean that further injury is being caused. Obviously with some injuries you will need to modify how you perform your activities. Planning and advice will be required to address the modifications.

Make sure you are doing everything that you can do to speed your recovery. If you engage in your own management, start normal activities, complete your exercises and follow/seek qualified advice on your injury, I can promise you will get better, sooner.

Be realistic but aim to push your limits. You may need to be adaptable depending on the severity and type of injury, but goals that are a stretch will continue to give you the drive you need to recover to the highest levels that are available to you.

The quicker you can exercise the faster you will recover. Over the years the consistent indicator of better recovery has been clients that have pushed themselves to exercise. It could be as simple as appropriate footwear to walk in, an exercise bike or a gym/pool membership. Make sure to access whatever you need to enable you to participate in general exercise and the more specific exercise for your injury type. It is one of the key factors in your recovery.

Prescribed medication can be useful. You do need to get the appropriate advice and follow it, but medication can be a useful tool in your recovery. I’ve had clients who have refused medication due to fear of the unknown. I believe they would have recovered sooner, and at times, to a better result, if they had understood the role medication could play in their recovery. Get the right advice on medication and comply and you will benefit in your recovery.

Maintaining mobility is essential to recovery after injury due to an accident. Of course, this will be modified and adapted in relation to your injury and your stage of recovery. Move it or lose it applies. Mobility aides, medication and some extra thought may be required to continue your progress, but the results will be worth the effort.

Prioritise mobility for getting around and moving your body as quickly as is reasonable post injury. The sooner you move the sooner you improve your level of independence and the sooner your recovery will progress.

From the use of crutches to getting out of bed to learning how to use a wheelchair to move that injured joint, there are always “best practice” ways to be most efficient in maintaining mobility in getting around and moving your body. Talk to the professionals who regularly advise on this topic such as a physiotherapist and you will reach your mobility goals sooner.

As in all things, persistence will win the war for your mobility requirements. Many will take years to get to their best levels of mobility post injury.

Stay tuned next month for another article from Maximize Health Group.

In the meantime, if you have any questions regarding these tips, prevention of cramps or other health issues please do not hesitate to contact Sean on +61 7 3343 5494 or [email protected].

Cycle Law support Emma Snowsill’s recent plea to motorists.

We, just like Emma Snowsill, are pleading with motorists to make our roads safer for cyclists. It is time to stop hating on cyclists!

Cyclists are people. They have families. They are Mums... they are Dads. They are husbands… they are wives. They have brothers… they have sisters.

And they have rights! They have a right to be on our roads. And they have a right to feel safe.

CycleLaw stand in support of all cyclists. We support their rights and we are here to help them exercise their legal entitlements.

We urge all road users to think about how their actions on the road can have significant and lasting effects on the lives of cyclists and their loved ones.

Drive safe. Share the road. Respect. Simple!

You’re damn right it can, in a big way. And not in a hippy woo woo sort of way. I'm talking a scientific and biologically measurable kinda way. Now it’s going to get a little technical/nerdy, but hang in there. A book by Joyce and Lewindon (1) gives an excellent summary, ‘In the 1970s, Robert Ader, a psychologist and immunologist, showed that the mind and body communicate with each other in a bidirectional flow of hormones, neurotransmitters and cytokines. The brain and immune system represent a single, interactive system of defence. Thoughts, beliefs and emotions have neurochemical consequences on both the immune system and individual cells. Emotions and health interact. The immune system does not only fight sickness, it has a major role in tissue regeneration and injury recovery. Marucha et al. showed healing of mouth ulcers in dental students took 40% longer during exams than holidays.’

The interaction between all of these is governed by a little part of the brain, the hypothalamus. This little guy is super important as it organises everyday functions that we don’t even think about; body temperature, hunger, thirst, sleep, libido (wink wink). It also governs the body’s response to stress, acute and chronic. Acute stress response is very important. We’ve all heard of the flight/fight response, which is generally a good thing. Step onto road, oncoming car, jump back to avoid tackling a Ford Focus travelling 30km/h above the speed limit, give driver the finger, proceed to sweat profusely, feel heart palpitations, ponder the meaning of life, quit job and start painting like you always wanted to.

But chronic stress can be a bastard. It’s associated with overproduction of cortisol, and regarding injury recovery and rehabilitation, there is an increase in pro-inflammatory cytokines and decrease in anti-inflammatory counterparts. To sum up in one sentence, stress delays injury recovery significantly.

Lots of things and the rate at which it will slow recovery cannot be measured, but these factors can be mitigated. Sleep deprivation is big. You need at least the magic 7-8hrs/night. A study by Milewski et al. showed adolescents that go less than 8hrs sleep/night were 1.7x more likely to develop an injury. Same thing rings true with injury recovery. Sleep is the body’s time to recover and repair. Make sure you get enough.

Mood, emotions, anxiety and depression levels are all massive factors for injury recovery let alone holistic health, refer back to question 1 for the detailed answer as to how and why.

1. Mindfulness. Now this might be leaning a little toward the hippy side for some, but don’t worry you won’t have to identify your spirit animal just yet (cough...grizzly bear). Numerous studies have shown how a regular practice of mindfulness, in whatever form that may take for you, has a huge impact on your mental health. I’m a big fan of people like Tony Robbins, Tim Ferris, Gary Vaynerchuk etc. These guys have interviewed the top 1% of pretty much every industry out there, and about 80% of these high achieving individuals do some sort of mindfulness. A lot meditate, others do activities where time becomes irrelevant and they get lost in something they enjoy, and others have gratitude journals. The key is the disconnection from the stressful stimuli we are bombarded with and to give the mind a break. Good things happen here.

2. Set boundaries. Learn when to say no. Setting healthy boundaries allows you to do your job properly without getting too stressed out. There are a ton of analogies that work here. You can’t pour from an empty cup, you need to put your own oxygen mask on before attending to children etc. But seriously it’s true. Yeah, we know sometimes it’s difficult/impossible to say no to certain things at work and life. Learn how to set those healthy boundaries. You’ll thank yourself.

3. Exercise. It’s easily the best thing you can do for your body; physically, mentally and emotionally. A cascade of endorphins, dopamine etc. is released from the brain as a result of exercise and you feel pretty awesome. Have you ever noticed how good you feel during the day and how much you can accomplish when you set the alarm, get out of bed early and do some exercise before you get to work? It’s outrageous! Not to mention all the metabolic diseases you are fighting off one burpee at a time. 10/10 highly recommend.

If you missed last month's article from Queen Street Physiotherapy on whether exercise and movement is bad for back pain, check it out below.

Stay tuned for another article from the Queen Street Physiotherapy team in January. 

In the meantime, if you have any questions regarding this interview, treatment of back pain or other health issues please do not hesitate to contact Donovan and the rest of the team by visiting the Queen Street Physiotherapy website.

Queen St Physiotherapy offers ergonomic advice, custom made orthotics, running assessment, hydrotherapy, dry needling, remedial massage, exercise and stretching programs.

An injury often leads to time away from work. Whether you’re an employee, a contractor or a business owner; this usually means economic loss.​

Compensation claims can cover for this loss, but figuring out how much to claim is not always easy. Find out why the Judge rejected Gary’s calculation (in Land v Dhaliwal & Anor [2012]), and how you can avoid the same outcome.

Gary had an interesting work history. Like many people, he’d tried a few things. He’d worked as a fitter and turner, a barman, a go-go dancer and a cleaner. He’d studied, he’d travelled, and he’d owned a doughnut business.

About 4 years prior, he became involved with bicycle shops – as an owner and also a mechanic. One year before the accident, Gary purchased the bike shop he was working at and took over the running of the business.

Then the accident happened. Gary was cycling along Airport Drive in Eagle Farm, Brisbane when a taxi driver pulled in front of him. The driver came to an immediate and sudden stop. Gary was flung over the boot of the car. 

Gary suffered an extensive back injury and aggravated an existing knee injury. 

He underwent several surgical procedures to both his back and knee but was left with chronic pain.

After the accident, Gary couldn’t return to his normal life. He couldn’t stand for long periods, struggled to sleep, and suffered memory difficulties.

He struggled to work and do simple everyday tasks he had done before the accident.

Gary’s frustration started affecting his relationships and work. He could no longer remain patient with customers and he had to employ more staff to cover the work he couldn’t do.

With mounting medical bills and more stress at work, Gary was forced to sell his business. His dream of being able to provide his family with a stable income was now impossible.

He felt like he had let everyone down.

The government recognises this and provide people like Gary an avenue to access compensation to cover their financial hardship, known as Compulsory Third Party (CTP) scheme.

It also provides an opportunity for cyclists to hold motorists accountable for their negligent acts.

Gary brought a personal injury claim to compensate him for his injuries and the effect they had on his life. He brought his claim against the taxi driver and the taxi driver's compulsory third party (CTP) insurer. His claim consisted of the following components:

Most parts of his claim were simple. But as Gary soon found out, putting a dollar figure on the impact the injuries have had on his life was harder than he thought.

Because of his varied and complex work history, Gary’s assessment for economic loss was a contentious issue at trial.

To calculate Gary’s economic loss, the Judge had to calculate:

Gary’s economic loss is the difference between those two amounts.

The tricky part was figuring out what those two amounts were. Gary and the defendants had very different ideas about this.

Gary relied on a chartered accountant to calculate his loss. The accountant estimated Gary’s economic loss to be over $750,000.

The accountant came to this figure by looking at the profit of Gary’s bike shop before the accident, and the profit of Gary’s bike fitting business some years after the accident.

The accountant calculated the difference between those two figures and claimed that that loss would occur every year until Gary’s retirement.

The Judge did not like this approach for a few reasons:

The Judge rejected Gary’s calculation, saying:

The defendants engaged a forensic accountant to properly analyse Gary’s earning capacities.

The forensic accountant provided an expert report and later gave evidence at trial.

The forensic accountant focused her calculations around the value of Gary’s labour. She figured out what this was by looking at what Gary paid his staff to fill in for him. Or in essence, how much Gary would have earned working for another company as a retail manager and bike mechanic.

The forensic accountant went into great detail and explored many hypothetical scenarios. Importantly, all of these scenarios matched how the Courts typically assess economic loss.

The Judge liked the forensic accountant’s calculations, saying:

The Judge adopted the forensic accountant’s approach and awarded Gary just under $250,000 for economic loss.

This was $500,000 less than what Gary was claiming.

Gary was smart enough to know he needed help – but he called in an accountant who wasn’t equipped for the job.

The defendants were smarter and called in an expert in this area of accounting – one who was familiar with how the courts expect economic loss to be calculated. As a result, she came up with a much more compelling argument, provided multiple alternatives to cover her bases and won.

Even if an injured person’s career path is more straight-forward than Gary’s, it’s still difficult to predict what their earning capacity might have been and what it is now. There’s no crystal ball that can show us both scenarios.

To properly calculate economic loss, there needs to be careful analysis of things like:

Asking an expert to do this analysis can make a lot of difference. In Gary’s case, it was a $500,000 difference.

Learn from Gary’s mistake. If in doubt, back up your claim with an expert – preferably one that knows the Court system.

Cycle Law wishes to support the recent Bicycle Queensland white helmet campaign.

We, just like Bicycle Queensland, are pleading with Queenslanders to make our roads safer.  

The recent and hotly debated discussions around road user responsibility have given us an opportunity to bring to light the issues facing cyclists on the road. All road users (including cyclists) have a mutual obligation to others on road.

With that said, we wish to remind motorists that failing to give cyclists safe passage is illegal.  Whether you are approaching them from behind, attempting to get around them or turning directly in front of them, they require at least 1 metre of space.

Too many people have died on Queensland roads and there are too many accidents where cyclists have suffered injury or damage to their property. 

The damage goes beyond collisions, stories of near misses are frequently told by our clients. These incidents can cause significant mental harm to cyclist too.

It is the reality that often these injuries are a result of a lack of care by motorists.

It is not just motorists that present a risk to cyclists safety. Other road users such as local councils or road authorities, who fail to repair known defects in roads, and pedestrians, who have no awareness of their own safety, place cyclists at a greater risk of harm.

Cycle Law is here to support cyclists exercising their legal entitlements by enforcing the laws created to protect them and their property from harm.

Cycle Law urges all road users to think of the consequences of their failure to exercise a duty of care to cyclists. After all, they are people too.

To read more on this story or on Bicycle Queensland’s campaign, read the Facebook post here or the article published by the Courier Mail here.