Being involved in a motorbike accident can be extremely distressing, especially if you sustain an injury through no fault of your own. If this sounds familiar, then you could be able to claim compensation – get in touch with our specialist personal injury solicitors to find out more about how to claim the compensation you deserve.
If you’re dealing with a motorbike personal injury claim, it’s important that you use a solicitor who knows what they are doing and has experience in the area. This is because certain road issues affect motorbike riders more than car drivers, such as potholes in the road that have a greater impact on the motorbike than cars, or uneven road surfaces that affect how the bike rides.
We offer FREE initial phone advice, and a FREE first interview for all personal injury claims – so call us now and find out where you stand.
Motorbike Claims – Reasons for making a claim
There are many reasons why a motorbike accident might not have been your fault, but some of the common ones which give rise to a valid claim include the following:
• Obstructions in the road that cause the motorbike to crash, such as fallen branches.
• Road surfaces that are defective due to potholes or raised areas and lead to a motorbike crash.
• Crashes caused by cars acting in an inappropriate or illegal way.
• Spills on the roads that cause a motorbike to skid and crash, causing personal injury.
First Steps for Motorbike Claims
A successful claim is far more likely if you can provide accurate, detailed information about the accident and how it happened. Try to follow these 3 steps ;
- Take down the details of what happened.
- Call the police straight away and ask them to come to the scene of the accident, and tell them what happened.
- Get the details of anyone else involved in the accident as well as any witnesses who saw the accident happen.
All of this evidence will help your solicitor start work on your claim, who will also use expert medical opinion on the injuries sustained and the expected prognosis to work out what sort of level of compensation might be appropriate.
When you’re out riding your bike on the roads, your brain is working overtime to keep you safe from hazards and avoid the possibility of SMIDSY. Often after an accident the last thing on your mind is who was at fault and whether you are eligible to make a claim for compensation , – that’s why it’s a good idea to have a specialist personal injury solicitor on your side to help you through the process and fight for your compensation.
Click here to read more about making a Personal Injury Claim
Motorbike Compensation Claims – Time limits
In order for your motorbike personal injury claim to be valid, you will usually need to start your case within 3 years of the accident. However, if you only became aware of your injury later on (such as a bone fracture you weren’t initially aware of), the 3 year limit will start from the date of diagnosis.
It’s important to start your personal injury claim as soon as possible to give the relevant parties time to investigate the case.
Motorbike Claims – your Compensation
If your claim is successful, your compensation will be based on any expenses you have incurred because of your accident, such as prescriptions or adapting a vehicle to accommodate a disability you sustained – plus damages for your pain and suffering.
The compensation also takes into account any loss of earnings you have suffered since the motorbike accident, including future loss of earnings due to an on-going personal injury.
Appointing Your Solicitor
The very first thing you should do when considering making a claim for personal injury is to contact an experienced solicitor.
After checking the facts of the accident and establishing whether you have grounds to make a claim, your solicitor will immediately set to work gathering together supporting evidence including;
- medical details about the injuries suffered by the victim
- Police reports
- any statements from witnesses
- video, photographs and diagrams
If the person who has suffered the injury has been critically injured or killed, then their next of kin can contact the solicitor and start making a claim themselves.
When you’re thinking about making a personal injury compensation claim after a motorcycle accident, it is essential that you use a solicitor who has made similar claims successfully in the past.
Motorcycle claims are not the same as car driver claims There are issues which often affect bikers far more than drivers, such as a very uneven road surface which affects handling, or potholes in the road.
I’m worried about paying my legal costs – can you help me?
Yes. If we agree to take on your motorcycle injury claim, unless you already have legal expenses insurance to cover you, we can run your claim using a no win no fee agreement.
Click here to read more about no win no fee agreements and how they can help you claim compensation.
How common are motorbike accidents?
According to the latest statistics published by the government, in 2015 a total of 14,511motorcyclists ended up with minor injuries on UK roads, with 5,042 suffering critical injuries. The numbers of injuries and deaths suffered by motorbike riders have decreased slightly overall in recent years, but in 2015 alone 365 people still lost their lives – that’s a huge 21% of all road fatalities.
Motorbikes account for only 1% of all the traffic on the roads, but 20% of fatal injuries.
“Superbikes” – the highly powered type of bikes – make up only 10% of all motorcycles on the roads, but for 25% of deaths. You can try to spin these statistics any way you like to defend motorbiking as a hobby, but what is clear is that if you go out on the road on your motorbike, you are more likely to be involved in an accident than if you choose to use another method of transport.
Roads are dangerous, even for people with many years of motorcycling experience behind you. Most experienced bikers are familiar with the SMIDSY phenomenon, or “Sorry mate, I didn’t see you”. Vehicles can make turns directly into the path of an oncoming bike, change lanes without looking to see if there is a bike there, and do not think about checking for motorbikes before making basic manoeuvres. As well as the SMIDSY problem, motorcyclists also have to be on the lookout for potholes, obstructions and spillages on the road.
If a biker has been unfortunate enough to become one of the UK’s road accident numbers because they have had an accident while on their motorbike which wasn’t their fault might be able to make a claim for personal injury compensation, as well as for the damage to their bike and loss of earnings. We have a team of experienced and knowledgeable personal injury solicitors who can help motorcyclists understand their rights, whether or not they have a claim which can be proven, and then help them bring that claim forward to make sure it is settled as efficiently and fairly as possible.