What’s happening?
As the South East road toll continues to rise, legal experts are warning that everyday driving mistakes are placing more motorists at risk of serious court and compensation outcomes.
Gold Coast personal injury lawyer Nickelle Morris says many of the crashes now coming before insurers and courts are not extreme cases. They often involve ordinary drivers making brief errors.
“Not all crashes that we see are caused by reckless speeding or high-risk behaviour,” Ms Morris said.
“What also contributes are the split-second mistakes, glancing down at a phone, turning to check on a passenger, misjudging a merge or following too closely in traffic.”
Ms Morris, a QLS Accredited Specialist in Personal Injury with two decades of experience across motor vehicle, workers’ compensation and public liability claims, said these moments frequently become central to liability disputes.
“These are ordinary moments, but on fast-moving roads like the Gold Coast, they can be the difference between a near miss and a catastrophic injury.”
Why it matters
Ms Morris said the rising toll means more families are being drawn into legal processes that last for years.
“Our community is carrying a heavy and disproportionate share of trauma for the number of people who live here, much of it from crashes that could have been prevented.”
She said courts focus on one core issue: whether a driver met their duty of care at the time of the crash.
“Behind every statistic is a shattered family. These crashes don’t just claim lives, including those of young children and loved ones, they also leave survivors with significant injuries that alter the course of their lives forever.”
By the numbers
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46 people have died on South East roads this year, including on the Gold Coast and in Logan, based on the latest TMR data.
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Road deaths are up 28 per cent compared to the same period last year.
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One in six of Queensland’s road deaths this year has occurred in the South East.
Local impact
Ms Morris said many cases involve vulnerable road users who have little protection when a driver makes a mistake.
People walking to shops, riding scooters, or cycling on shared paths are often the ones left with the most serious injuries.
“We see families shattered by crashes that were easily avoidable,” she said.
“For those who survive, the injuries are often severe, including brain trauma, spinal injuries and amputations, leaving families to navigate years of uncertainty and heartbreak.”
As a Gold Coast local for more than 25 years, Ms Morris said traffic growth has increased both risk and legal exposure.
Zoom in
Ms Morris said certain road environments repeatedly feature in serious claims.
High-speed merging and tailgating on the M1, sudden lane changes at large multi-lane roundabouts, and heavy pedestrian activity along busy coastal arterials are common factors.
“The Gold Coast has a fast-moving, complex road network,” she said.
“When someone’s attention slips, even briefly, there is often no margin for error.”
Zoom out
Ms Morris said distraction and inattention are increasingly central to court findings.
“Speeding and drink driving rightly get attention, but distraction and inattention are becoming some of the most widespread and underestimated risks we see in our client matters,” she said.
“When a driver drifts out of their lane, misses a merge or fails to look up before entering a crossing, the law treats that as a breach of their duty of care. Distraction is not a defence, and in most cases, liability rests with the at-fault driver, not the pedestrian or cyclist who is injured.”
She said many drivers are surprised to learn how little tolerance courts have for momentary lapses.
What to look for next?
Ms Morris said the Christmas period increases both crash risk and legal consequences.
Heavier traffic, more pedestrians, and longer days on the road raise the likelihood of serious incidents.
“A moment of inattention can change the course of multiple lives,” she said.
“At this time of year, the ripple effect is even greater. Choose patience, choose attention, choose care, because no family should spend Christmas grieving a loss that never had to happen.”
