TAC common law compensation awarded to injured motor cyclist

In the TAC common law case of Phromphian v the Transport Accident Commission, the County Court of Victoria was asked to determine whether an injured motorcyclist, Mr Nattaphon Phromphian, had suffered a "serious injury" in a motor vehicle accident and whether he was therefore entitled to compensation under the Transport Accident Act.

The focus of the case was the consequences of Mr Phromphian's neck injuries on his life after a road crash in 2019.

On 13 June 2019, Mr Phromphian was riding his motorbike in Armadale, Victoria, when his bike was struck by a car which failed to give way and turned in front of him at an intersection.

In addition to his TAC statutory entitlements (like weekly payments and medical expenses), the 50 year old automotive service technician pursued common law damages for injuries that he sustained in the accident, including an injury to his neck.