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Motor vehicle accidents and injuries which occur outside the control of the drivers or owners of the vehicles are considered as “blameless accidents” in New South Wales. New South Wales law considers certain types of accidents as “blameless accidents.” Division 1 of the Motor Vehicle Compensation Act 1999 No 41 of New South Wales defines a blameless accident as “a motor accident not caused by the fault of the owner or driver of any motor vehicle involved in the accident in the use or operation of the vehicle and not caused by the fault of any other person.” In such situations the drivers or owners of the vehicles cannot be held responsible for the accidents and injuries occurred. Since such accidents occur beyond the control of the drivers, no one can be blamed. For instance, a driver who suffers a sudden illness causes an accident cannot be held responsible the accidents and injuries because he has no control over the situation. In addition, an accident may be caused by an unexplained mechanical reason, such as brake failure. An unavoidable collision with an animal such as a horse or cattle on the road can also cause an accident for which the driver or owner of the vehicle cannot be held responsible. However, in certain situations, if the owner of the animal was negligent, he can be made responsible for the accident and injuries. Under New South Wales laws, any road user, who gets injured in a blameless accident on or after 1st of October 2007, may recover compensation for his personal injuries. Nevertheless, there are certain restrictions applicable to drivers and motorcyclists who make claims for injuries sustained in blameless accidents. For instance, a driver who gets injured in a single motor vehicle accident cannot claim compensation for his own injuries even if the accident is blameless by its nature.
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