Littles Lawyers: Cyclist’s Claim Cut After Social Media Evidence

A recent decision in the District Court of Queensland has highlighted how contributory negligence and social media evidence can significantly impact personal injury compensation. Darwin Cabato, a 26-year-old supermarket worker, was injured in 2017 when he was struck by a Ute while cycling across a school pedestrian crossing in Palm Beach on the Gold Coast.  

The Case 

Despite initially seeking over $400,000 in damages, his final compensation was reduced to $73,663.91 after the court found him 25% responsible for the accident and questioned the credibility of his injury claims. The driver of the Ute, Gregory Paltridge, was found to have been over the legal blood alcohol limit and travelling at approximately 40 km/h at the time of the incident, which occurred around 9:48am. Paltridge and his insurer, Allianz Australia, admitted liability, but disputed the extent of Mr Cabato’s injuries. Mr Cabato claimed a range of serious physical and psychological injuries, including damage to his neck, spine, and head. However, during the six-day trial, Judge Deborah Holliday KC found his evidence to be inconsistent and unconvincing. She concluded that he had exaggerated symptoms to medical professionals and the Court and was “not a credible and reliable witness.”  

Social Media Surveillance 

Of particular significance in the ruling were social media posts that undermined Mr Cabato’s claims of ongoing disability and pain. While telling doctors that he mostly stayed home due to back pain, photos and videos emerged showing him engaging in physically demanding activities such as go-karting, rock climbing, quad biking, dodgem cars, and electric scooter riding. He was also seen holidaying in Sydney and Bali, and enjoying social outings with his girlfriend. Judge Holliday found that these activities were inconsistent with the severity of injuries Mr Cabato alleged and that he had delayed reporting key symptoms by several years.  

There were also no ambulance or hospital records to support his claim of spinal injuries immediately following the incident. Compounding matters, the court found Mr Cabato to be partially at fault for the accident itself. Evidence showed that he had not dismounted at the crossing, was not wearing a helmet, and had ridden across the pedestrian crossing “at speed,” giving the driver little opportunity to avoid the collision. Despite these findings, Mr Cabato’s legal team noted that the award of nearly $74,000 was still a substantial win, given Allianz initially argued he was entitled to no more than $5,000.  

Key Takeaways for Claimants 

This case serves as a powerful reminder for personal injury claimants:  

1. Contributory Negligence Matters: Failure to follow road safety rules—such as wearing a helmet or using a crossing correctly—can significantly reduce compensation. 
2. Credibility is Crucial: Courts carefully assess a claimant’s honesty. Inconsistent or exaggerated claims can undermine a case. 
3. Social Media is Evidence: What you post online can and will be used in court. Engaging in physical activities while claiming injury may severely damage your credibility. If you’ve been injured and are pursuing a compensation claim, it’s vital to seek expert legal advice and be truthful in all medical and legal proceedings.

Summary 

Surveillance, particularly on social media, can have dire consequences for the prospects of personal injury claims. Honesty around the reporting of symptoms is extremely important so that any material gathered online is consistent with the medical reports around a case.