Motor vehicle accident lawyers representing people injured in truck and heavy vehicle accidents across Queensland.
What we can help you with.
We represent people injured in all types of truck accidents across Queensland, including:
- Semi-trailer, B-double, A-double and road train accidents
- Rigid truck and container truck accidents
- Heavy freight and long-haul truck accidents
- Tipper, dump truck and cement mixer accidents
- Courier, delivery and refrigerated truck accidents
- Construction, transport and commercial fleet vehicle accidents
- Tow truck and roadside assistance vehicle accidents
- Garbage trucks and council maintenance vehicles
- Livestock, water and specialised service trucks
- Multi-vehicle collisions involving trucks or heavy vehicles
- Hit and run accidents involving trucks or heavy vehicles
Free initial consultation
We listen to your story, map out your options, and provide clear advice on your chances of success and likely compensation.
Lodging your claim
We notify the insurer and lodge your claim correctly from the start, making sure all requirements and deadlines are met.
Support throughout your claim
We gather the medical reports and supporting evidence needed to prove how the accident occurred, what injuries you suffered, and the full impact they have on your life.
Negotiation & payout
We negotiate your claim with the insurer, and if successful, finalise your settlement. Most claims are resolved without going to court.
With office locations in Brisbane, Logan, Ipswich, Gold Coast, Sunshine Coast and Toowoomba, you can easily meet with us in person. We also provide online or phone consultations, or can even come to you if needed.
Who can make a claim?
- Car drivers and passengers
- Motorcyclists and cyclists hit by trucks
- Pedestrians struck by trucks
- Workers injured in truck-related incidents
- Other truck drivers
You do not need to be a truck driver to make a truck accident claim.
If you were injured in an accident involving a truck or heavy vehicle (whether as another driver, passenger, cyclist, or pedestrian) you may be entitled to claim compensation.
Fewer than 5% of Queensland personal injury lawyers hold Queensland Law Society Accredited Specialist status, which recognises the highest level of industry expertise, experience, and ethical standards.
We don't add extra percentages or "success fees" to your settlement. No additional percentage comes out of your final compensation.
We cover all your evidence costs upfront, including medical reports, so you’re not out of pocket while your case is ongoing.
We actively guide you through each stage of the process, explain what to expect and when, and provide practical support through the personal and financial challenges that can follow injury or illness.
Beyond "No Win No Fee"
Most Queensland injury firms advertise "No Win No Fee". What matters is how that actually works in practice - and where the financial risk really sits during your claim.
At Gain Lawyers, we take No Win No Fee literally. You don't pay anything upfront and nothing while your claim is ongoing. We cover the cost of medical reports and other expert evidence as the case progresses, so you're not out of pocket while focusing on your recovery.
If your claim succeeds, you pay our professional fees from the settlement. We don't charge uplift or "success" fees - many firms add up to 25% on top of their costs, but we believe compensation for injury should go to you.
If your claim is unsuccessful, you don't pay our legal fees or the evidence costs we've incurred. We write those costs off entirely.
Jeremy Roche, Director At Gain
How truck accident claims work in Queensland
Truck accident compensation claims in Queensland operate under the same statutory insurance scheme as other motor vehicle accidents, but they often involve additional legal and factual complexity due to the size of the vehicles involved, commercial operations, and the number of potentially responsible parties.
Understanding how the Queensland system works for heavy vehicle accidents, including who the claim may be made against and how responsibility is assessed across multiple parties, is central to protecting the full value of the claim.
The Queensland CTP insurance system
In Queensland, injury claims arising from truck accidents are governed by the Motor Accident Insurance Act 1994 (Qld), which establishes a compulsory insurance framework for people injured due to another party's driving. Rather than claiming directly against the at-fault driver, injured people make a claim against the vehicle's CTP insurance, which is attached to the vehicle's registration.
The scheme is overseen by the Motor Accident Insurance Commission, which regulates insurers and enforces compliance across Queensland. Claims must follow a prescribed pre-court process beginning with a Notice of Accident Claim Form (NOAC) lodged with the relevant CTP insurer.
Who may be legally responsible in a truck accident
Truck accident claims often involve more than just the driver. Under Queensland law, legal responsibility can extend to the transport or trucking company, the vehicle owner, maintenance or repair contractors, loaders or logistics operators, and employers or fleet managers, where unsafe systems, scheduling pressures, fatigue management failures, loading practices, or poor maintenance contributed to the accident.
These obligations arise under Queensland's heavy vehicle safety framework, including the Heavy Vehicle National Law , which regulates how heavy vehicles are operated and who may be legally responsible when safety duties are breached. Identifying all potentially responsible parties is critical to ensuring a truck accident claim reflects the full circumstances of the accident and protects the full value of compensation available.
Uninsured, unregistered, and hit-and-run trucks
The Queensland scheme provides coverage where the at-fault vehicle cannot be identified or is not properly insured. In these circumstances, a claim may proceed against the Nominal Defendant, a statutory body that steps in where no CTP insurer can be identified. This mechanism ensures injured people are not denied compensation simply because the responsible vehicle cannot be traced.
Nominal Defendant claims are subject to stricter procedural requirements and shorter time limits than standard CTP claims, and claimants are generally expected to demonstrate that reasonable steps were taken to identify the vehicle.
Catastrophic injuries and the National Injury Insurance Scheme Queensland
Where a truck accident causes a catastrophic injury, additional support may be available under the National Injury Insurance Scheme Queensland. NIISQ provides lifetime treatment, care, and support funding on a no-fault basis for catastrophic injuries including severe traumatic brain injury, severe spinal cord injury, multiple amputations, severe burns, and permanent total blindness sustained in motor vehicle accidents in Queensland, where the NIISQ eligibility criteria are met.
A claimant with a catastrophic injury can typically access NIISQ entitlements alongside a common-law CTP claim, with NIISQ funding ongoing care and the common-law claim addressing financial loss and other heads of damage. NIISQ is particularly relevant in truck and heavy vehicle matters because of the higher rate of severe injury outcomes when smaller vehicles or pedestrians are struck by heavy vehicles.
How fault is assessed in truck accident claims
Compensation under the CTP scheme depends on whether another party caused or contributed to the accident. How fault is determined in truck matters involves examining driving behaviour, fatigue management, vehicle condition and maintenance, load security and compliance, and road and traffic conditions, often supported by police reports, electronic work diaries, GPS and onboard engine data, witness statements, and accident reconstruction evidence.
Responsibility is not always all-or-nothing. Where an injured person's own conduct contributed to the accident or worsened the injury, compensation may be reduced rather than refused under the principle of contributory negligence. Insurers in truck accident claims commonly raise contributory negligence arguments around blind spots, turning manoeuvres, and following distances, and managing those arguments often requires independent accident reconstruction evidence.
Time limits and procedural deadlines
Strict statutory deadlines apply to all Queensland truck accident claims. The time limits for motor vehicle accident claims in Queensland are set by the Motor Accident Insurance Act 1994 (Qld) and the Limitation of Actions Act 1974 (Qld).
In most cases, a formal Notice of Accident Claim must be lodged within 9 months of the accident, and court proceedings (the formal filing of the claim, not a trial) must generally be commenced within 3 years of the date of the accident. Most claims settle long before this stage.
Where a deadline has been missed, the Motor Accident Insurance Act 1994 (Qld) allows a claim to proceed if the claimant provides a reasonable excuse for the delay. Reasonable excuses commonly accepted include ongoing medical treatment that affected the claimant's ability to act, a genuine lack of awareness about the right to claim, or being misled about the prospects of a claim. This is not an automatic extension and the claim becomes harder the longer the delay continues, but missing a deadline is not always the end of the matter, and anyone who thinks their claim may be out of time should still seek advice rather than assuming the claim is dead.
Different rules apply where the injured person is under 18. In those cases, the three-year court deadline usually runs from the person's 18th birthday. Even so, claims should be lodged as early as possible to protect evidence and avoid complications.
Claims involving uninsured, unregistered, or unidentified trucks are subject to much stricter deadlines. In most non-fatal cases, a claim must be lodged within 3 months of the accident, with a hard 9-month outer limit beyond which the claim is permanently barred.
3 things to know about truck accident claims in QLD
“I cannot rate Jeremy highly enough. He handled my motor vehicle compensation claim with outstanding support during an extremely stressful time. After taking over from my previous lawyers, he achieved more than double the result they had estimated. I now refer everyone I can to Jeremy - he truly is the best.”
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Truck accident lawyer FAQs (Queensland)
Am I eligible to make a truck accident claim in Queensland?
In most cases, eligibility is broader than people expect. You may be entitled to claim if you were injured in an accident involving a truck or heavy vehicle and another party caused or contributed to what happened. This includes drivers, passengers, pedestrians, cyclists, workers, and even other truck drivers. The situations where people are not eligible are narrower than many assume.
Do I actually need a lawyer for a truck accident claim?
In most cases, yes - and more so than with standard car accidents. Truck accident claims often involve commercial insurers, multiple potentially responsible parties, and early attempts to narrow liability or resolve matters before the full consequences of an injury are known.
What may seem manageable at first can change quickly once those dynamics come into play.
What if I was partly at fault for the accident?
Partial fault does not automatically rule out a claim. Many truck accident claims involve shared responsibility, including situations involving speeding, fatigue, poor positioning around a heavy vehicle, misjudging traffic conditions, or having consumed alcohol. These factors may reduce compensation, but they do not usually remove entitlement altogether.
I’ve already spoken to the trucking company’s insurer - have I hurt my claim?
Not necessarily, but timing and content can matter. Insurers often make early contact before injuries or longer-term effects are properly understood. A brief review can usually clarify whether anything needs to be addressed before positions become harder to shift.
The truck driver wasn’t the owner - who is actually responsible?
Responsibility often extends beyond the driver. Truck accident claims can involve employers, transport companies, vehicle owners, maintenance contractors, logistics operators, or other parties responsible for how the vehicle was operated. These relationships are rarely obvious without proper investigation.
What if the truck was uninsured, unregistered, or left the scene?
Strict time limits apply in these situations, and delay can permanently bar a claim. In most cases, a claim must be lodged within 3 months of the accident, and if a compliant claim is not lodged within 9 months, the claim is extinguished.
These claims often proceed through the Nominal Defendant and are more technical than standard truck accident claims. Acting early is critical to preserving your rights and avoiding missed deadlines.
Will my truck accident claim end up in court?
In Queensland, the vast majority of truck accident claims resolve without ever going to court. The CTP scheme places a strong emphasis on pre-court processes and negotiated settlement once the full medical and work impact of an injury is clear.
Court proceedings are typically a last resort and are only used where a fair resolution cannot be reached through the statutory process.
What if I’m worried about legal fees?
You don’t need to be - you don’t pay anything upfront or during the claim. If your claim succeeds, our professional fees are paid from the settlement.
We do not charge uplift or “success” fees, and we cover the cost of medical reports and other expert evidence as the case progresses. If a claim is unsuccessful, we write off our fees and the evidence costs entirely.
In many Queensland truck accident claims, the insurer is even required to contribute towards the injured person’s legal costs.
If I contact Gain Lawyers, am I committing to making a claim?
No - speaking with us does not commit you to anything and the consultation is free. You speak directly with a truck accident lawyer who explains your position and options so you can decide whether proceeding makes sense. In many cases, we can also give you a sense over the phone of how the scheme applies to your situation, what the next steps would involve, and whether it makes sense to proceed. The first conversation is about clarity, not obligation.