How do you claim compensation for your Motorcycle Accident?
It’s an unfortunate fact that motorcyclists are subject to more serious injuries when using the road than any other road user. This is due to a few simple reasons:
- Motorcycles offer less protection
- A Motorcycle is typically less visible
- There is inherently, a greater chance of becoming sandwiched between heavy-duty vehicles such as trucks that can crash into them.
Most motorcycle accidents are avoidable if drivers of large vehicles are mindful and careful in their driving practices and roads are well maintained, this is unfortunately not a reality for many motorcyclists.
Although motorcycles aren’t seen as the safest means of transportation, there are accidents where the motorcyclis is at fault. However, even when no other person or party is directly involved with an accident, a specialist Personal Injury Lawyer may be able to retrieve compensation based on the circumstances.
Below is some more information about making a claim for compensation following a motorcycle accident. However, if you’re ready to speak with a specialist Personal Injury Lawyer, our specialist offer a free 10 minute consultation.
As expert Personal Injury Solicitors, we continually assess claims on a case-by-case basis. To find out about making a compensation claim after a motorcycle accident, please read below. Or, if you want to ask us any questions without obligation, contact an expert Personal Injury Lawyer on 02071002525 for free and confidential advice.
Can you claim? The basic criteria to fulfil in order to file a claim:
- Road Traffic Accident
- Did you have an accident during the last three years?
- Was it the fault of someone else?
- Have you or your loved one been injured due to the accident?
If you meet the criteria mentioned above, you can call 02071002525 for help, support and an initial free 10 minute consultation.
How do you prove that an accident was caused by somebody else?
When a motorcycle collides with another road user, it’s not always automatically the other vehicle’s fault simply because they are the ones that collided with it. However, an investigation that would analyse the actions of both parties can determine whether or not someone else on the road is at fault.
A specialist motorcycle accident solicitor (a Personal Injury Lawyer) will have come across these issues before and will be knowledgeable and capable in resolving them. They will also know how important it is for you to receive fair compensation for your injuries and any damage caused by these incidents.
To make the case stronger, you need to give as much evidence as you can provide.
Ideal evidence will include:
- A description of the accident and if available, photographs of the scene.
- Contact details of any witness or the other drivers involved in the collision.
- Evidence of any subsequent medical treatment you’ve received.
If your accident is captured on a CCTV camera, you have a right to get the footage of the accident from the owner of the CCTV camera.
In addition to claiming compensation, you should save all of the receipts for any items or expenses incurred as a result of your accident. The primary goal of the compensation process is to make sure you don’t end up in a worst financial position than if the accident had never occured.
Compensation on the basis of poor road maintenance:
Motorcyclists can get harmed for several reasons on the roads like bad weather conditions, poor road maintenance and unclear junction marking. If the accident ocuured due to poor weather conditions, we can’t help you in this situation. On the other hand, if the accident was because of poor road conditions or another person responsible is for your accident, we can surely help you.
The Highways Act 1980 is a crucial piece of legislation that lays down how public bodies, such as highway authorities, must maintain roads.
They are responsible for:
- Cleaning up spills and debris from the roads.
- If hazards on the road cannot be fixed quickly, then they are accountable for putting warning signs.
- Repairing material defects such as pot holes.
This means that if highway authorities do not fulfil their obligations in making roads safe for use, they can be held liable.
To pursue a claim against a highway authority or agency for compensation, your Personal Injury Lawyer will need to prove that it is a fault that the higway authority was aware of or should have been aware of and that they failed to act to rectify the fault thus causing your accident.
When you’re making a claim, don’t worry about having to compile the relevant information yourself – your Personal Injury Solicitor will help you get the required proof and evidence necessary to prove that it is the authority’s fault.
Claiming for a motorcycle accident on behalf of a third person
If a loved one has been in an accident and cannot claim themselves, this can leave you in a worrying situation. You may have found that your life or finances are suddenly very different than they were before the accident.
In this situation, when your loved ones cannot claim themselves, you can claim on behalf of them. A Personal Injury Lawyer will help you claim on behalf of your loved ones and present you as a “litigation friend”.
Claiming after a fatal motocycle crash
If you lost your partner as a result of a motorcycler crash or collision, of course money cannot bring your loved one back but can act as a source of comfort whilst you are grieving.
If you’re looking to claim on your loved one’s policy, you may need to start the claims process soon (within three years) after their death. Claims can be established on the following basis:
- Funeral expenses
How do you report the accident to the police?
If your vehicle has been damaged or you are injured, or there has been an accident in which someone has suffered any form of injury, you must:
- Remain at the spot of the accident for a reasonable period of time.
- If you are involved in an accident, you must exchange important details such as your name, address, and insurance policy information with the other party.
- By law, you are required to report the incident to your local police.
When calling the police, they will usually ask you:
- If the accident is causing a hazard or an inconvienec on the road for other road users.
- If the accident occurred due to drug or alchol abuse.
To ensure that you receive the compensation that you deserve, it is vital that you engage with an expert medical professional that can detail the intricacies of your claim. At Adam Bernard Solicitors, we have an established network of medical experts across the professional spectrum that will help establish your claim. We strive to work for your maximum compensation. Where your health is at risk, we will make sure all your rehabilitation needs are met which includes:
- Chiropractic Services
- Cognitive Behaviour Therapy
- EMDR Eye movement destination and re-processing
- Occupational Therapy
Can you claim on a motocycle accident that is your fault?
You can claim if you are only partially responsible for accident and did not wear a helmet. If your expert Personal Injury Lawyer can prove that the other party is also at fault, you may still be able to claim compensation on this basis.
In the case of O’Connell v Jackson, a judge ruled that the claimant’s compensation was reduced by 15% due to his failure to wear a helmet during a moped accident.
Do you know: The Department of Transportation has categorized motorcycle riders as a “vulnerable user category.”
Rules for Motorcyclists on the road:
Here are rules that every motorcyclist need to follow as per the highway code:
- You must wear a helmet.
- No more than two people may ride on any vechile at a time.
- Motorcyclists must make themselves visible from the rear and side mirrors.
- You must wear reflective clothing when driving in dark or foggy conditions.
Wearing eye protection, robust boots, gloves, and protective clothing is not essential but is recommended.
Can you make a joint claim for motocycle injury alongside a personal injury claim?
If you’re hurt in an accident that a third party caused, likely, they will also have to pay for your bike damage and personal injuries you suffer as a result of the accident.
When it comes to claiming compensation, an excellent Personal Injury Lawyer will ensure that they take care of customer service claims, so you won’t need to worry about extra paperwork.
In addition to covering the costs incurred about your injury and the damage done to your bike, you’ll be compensated for any property damage caused by accident, including damage incurred to your mobile or clothing.
Claiming for hit and run motocycle accidents:
If someone collides with your motorcycle, which causes you to be injured and runs away from the scene, you are able to claim compensation.
It is the responsibility of the Motor Insurers’ Bureau to track down the vehicle. Otherwise, they will be responsible for paying the compensation.
The MIB provides various benefits to the victims of hit-and-run accidents. The burea also provides compensation if you are hurt in a traffic accident with an uninsured or unidentified driver.
You need to do a few things when hit and run accidents happen.
- First of all, note down the vehicle’s registration number, colour, and vehicle model.
- If there are any witnesses at the scense, collect their phone numbers and names, so that you are able to ask the police to contact them for a statement if needed.
- Take photos as evidence of injuries to you and damage to your vehicle.
- Report the accident to the police.
You should remember that MIB is only responsible for paying compensation if you don’t have insurance. If you have comprehensive insurance, you would need to contact your insurance company to see how to proceed.
If you are unsure of whether you have a claim or simply need more information, feel free to contact our Personal Injury Specialists on 0207 100 2525 for your free 10 minute consultation.