Who Could Make A Motorcycle Accident Compensation Claim?

Who Could Make A Motorcycle Accident Compensation Claim

Motorcycle Accident Compensation Claim Guide

If you have sustained an injury in a motorcycle accident, you might be able to make a personal injury compensation claim. However, you must prove that the accident was at least partially the fault of a fellow road user who breached their duty of care.

In this guide, we will explain the duty of care that all road users owe one another. Furthermore, we will share how long after a road traffic accident you have to start a claim.  Additionally, we will illustrate how compensation in a personal injury claim is calculated. 

To receive free legal advice regarding your potential claim, you can contact our advisors. They are also available 24/7 to answer any questions you may have about starting a road traffic accident claim.

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Select A Section

  1. Who Could Make A Motorcycle Accident Compensation Claim?
  2. What Could Cause A Motorcycle Accident?
  3. Evidence Supporting Motorcycle Accident Compensation Claims
  4. Estimated Settlements For A Motorcycle Accident Compensation Claim
  5. Why Contact Public Interest Lawyers About Your No Win No Fee Claim?
  6. Learn More About Making A Motorcycle Accident Compensation Claim

Who Could Make A Motorcycle Accident Compensation Claim? 

A motorcycle accident compensation claim could be made if you can prove that you suffered your injury due to a road user breaching their duty of care. 

All road users owe each other a duty of care, including drivers, pedestrians, and motorcyclists. Per this duty of care, they must use the roads responsibly to promote road safety and reduce the risk of accidents. Additionally, they must follow the rules and obligations set out for them in the Highway Code and the Road Traffic Act 1988.

If another road user were to breach this duty of care, this could cause you to suffer an injury in a road traffic accident. In a later section, we will share some examples of how a motorcycle accident could occur.

How Much Time Do You Have To Claim 

You must ensure you start your claim within the correct time limit if you have been injured in a motorcycle accident. For motorcycle injury claims, you will have 3 years from the date you were injured to start your claim, as stated in the Limitation Act 1980.

Minors will have 3 years from their 18th birthday to start a claim. Before this date, the time limit is suspended, and a court-appointed litigation friend could claim on their behalf.

A litigation friend may also claim on behalf of someone who lacks the mental capacity to claim for themself. However, they will have 3 years to start their claim if they regain this capacity.

Contact our advisors today to see whether you still have enough time to begin your motorcycle accident compensation claim.

What Could Cause A Motorcycle Accident? 

There are various ways that you could be involved in a motorbike accident. However, to be eligible to make a motorcycle accident compensation claim, you must prove that another road user breached their duty of care. Some examples of how another road user could be liable for a motorcycle accident include:

  • Before pulling out onto a main road, a driver doesn’t check that a junction is clear. This causes them to crash into your motorcycle, and you suffer a dislocated shoulder.
  • Another motorcyclist is speeding and crashes into the back of your motorbike as you are waiting at a red light. This causes you to suffer from a back injury and a broken arm.
  • A taxi driver fails to follow the rules of the roundabout. This causes them to crash into you on your motorcycle. You then suffer a broken leg and sprained wrist.

Contact our advisors today to see whether you could make a claim if you were injured in a road traffic accident.

Evidence Supporting Motorcycle Accident Compensation Claims 

Evidence is important for proving liability in your motorcycle accident compensation claim. Some examples of the evidence you could gather to support your claim include:

  • Any CCTV footage or photographs of the accident.
  • A police report number (if applicable).
  • Contact details of any eyewitnesses.
  • A copy of your medical records confirming your injury and the treatments you’ve received.

Contact our advisors today if you are still unsure what to do after a motorcycle crash. Additionally, they could connect you with a solicitor from our panel who could help you collect evidence.

Estimated Settlements For A Motorcycle Accident Compensation Claim 

General damages could compensate you for the pain you have experienced due to your injury in your motorcycle accident compensation claim. 

Many legal professionals will use the Judicial College Guidelines (JCG) to help them value various personal injury claims. The JCG assigns compensation guidelines to different injuries. When creating the following table, we have used the figures listed in the current edition of the JCG, published in April 2022.

However, please only use this table as a guide, as the specific factors of your claim may impact how much you receive.

Injury Severity Notes Compensation Guidelines
Brain Damage Moderate (i) There is a moderate to severe intellectual deficit with a serious risk of epilepsy, among other factors. £150,110 to £219,070
Neck Severe (i) Generally associated with incomplete paraplegia, permanent spastic quadriparesis or only if any, minor neck movement despite wearing a collar 24/7 for a few years. In the region of £148,330
Leg Amputations (iv) One leg is amputated below the knee. £97,980 to £132,990
Wrist (b) A wrist injury that results in a permanent and significant disability. However, some useful movement remains. £24,500 to £39,170
Back Moderate (i) Crush/compression fractures of the lumbar vertebrae that cause constant discomfort and pain with a serious risk of osteoarthritis. £27,760 to £38,780
Knee Moderate (i) Instability, weakness and wasting caused by a torn cartilage/meniscus or dislocation. £14,840 to £26,190
Shoulder Serious A dislocated shoulder with the lower part of the brachial plexus suffering damage. This causes neck and shoulder pain. £12,770 to £19,200
Arm (d) Simple forearm fractures. £6,610 to £19,200
Ankle Modest Ligamentous injuries, minor/undisplaced fractures or sprains. How much is awarded will depend on various factors. Up to £13,740
Chest (g) Fractured ribs or soft tissue injuries that cause significant pain and a disability for a few weeks. Up to £3,950

Damages For Further Losses 

Additionally, special damages could be included in your settlement following a successful motorcycle accident claim. This aims to compensate you for any of the financial losses you have suffered due to your injury, such as:

  • A loss of earnings..
  • Medical expenses, e.g. prescription costs.
  • Home adaptations to cope with your injury.
  • Travel expenses.

You must provide sufficient evidence of these losses to claim for them. Evidence could include bank statements, payslips, receipts and invoices.

Contact our team of friendly advisors today to see whether you could be eligible for compensation.

Why Contact Public Interest Lawyers About Your No Win No Fee Claim? 

After discussing your motorcycle accident claim with one of our advisors, they could put you in contact with a solicitor from our panel who could help you with your claim. Our skilled panel has vast experience handling various personal injury claims and could help you gather evidence. Furthermore, they could offer you a type of No Win No Fee agreement called a Conditional Fee Agreement (CFA).

Some of the benefits of working with a solicitor under a CFA include:

  • You are not expected to pay anything upfront for your solicitor’s services.
  • Additionally, you will not pay them for their services if the claim fails.
  • However, if the claim succeeds, you will pay them a percentage of your compensation. This is known as a success fee. How much they can take is legally capped.

Do not hesitate to contact our advisors today if you have any questions about using a No Win No Fee solicitor to represent your claim.

How To Contact Our Team 

If you have any further questions about starting a motorcycle accident compensation claim, do not hesitate to contact our advisors today. Our friendly team can offer free legal advice and answer any questions you may have. They are available 24/7 to help you. Additionally, they could put you in contact with a solicitor from our panel who could help you with your claim.

Contact an advisor today by:

Learn More About Making A Motorcycle Accident Compensation Claim 

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Contact our advisors today to see whether you could make a motorcycle accident compensation claim.