By Marlon Marquardt. Last Updated 15th July 2022. This guide will explain how to claim compensation for a motorcycle death caused by another party’s negligence.
Unfortunately, motorcycle riders are some of the most vulnerable people on the road. Motorbikes do not have an outer shell to protect the rider. Therefore, the motorbike rider is more vulnerable to fatal or serious injuries if a vehicle collision takes place. In fact, a motorcycle rider is at least 57 times more at risk of death on the roads than a car occupant.
If your loved one was fatally injured in a motorbike crash due to another road user’s negligence, you might be eligible to claim compensation on their behalf. Of course, no amount of money can bring back a loved one who has died in a fatal motorcycle accident. However, you could claim compensation for their suffering and death. The compensation payout can also cover any expenses you have incurred, such as funeral expenses.
To see if you can begin your claim for a fatal motorcycle accident, don’t hesitate to get in touch with Public Interest Lawyers today. If you have strong grounds for a claim, we can provide you with a skilled accident claims lawyer to handle it. Please call us on 0800 408 7825, to speak to a trained advisor. Alternatively, contact us online.
Select A Section
- What Are Motorcycle Deaths?
- Why Do Motorcycle Deaths Happen?
- Motorcycle Death Statistics
- Fatal Motorbike Accident Claims Against Employers
- What Evidence Do You Need For A Motorcycle Death Claim?
- Calculating Motorcycle Death And Fatal Accident Payouts
- Contact A No Win No Fee Fatal Accident Claim Solicitor
- Related Motorcycle Accident Claims Guides
A fatal accident can happen if a motorbike collides with another vehicle or a static object. And poor conditions on the roads can also cause motorbike accidents.
If a road traffic accident takes place, and it was caused by another road user’s negligence or unmaintained roads, the other party could be liable for any injuries that take place. Therefore, the other driver or a third party would have to pay the rider compensation.
Certain parties could claim compensation after a motorcycle rider or passenger is killed in such an accident:
- Those who’re financially dependent on the deceased person
- Immediate relatives
- The estate
What compensation can a fatal motorcycle accident claim payout include?
You can receive compensation for the pain and suffering your loved one experienced before death due to the negligence of the other party. And you can receive compensation for any expenses related to the accident, such as funeral expenses. If you were financially dependant on the deceased, your compensation payout could reflect this. You could also seek a bereavement award for your loss. Please read on to find out more.
Motorcycle deaths can happen for a number of reasons such as:
- A driver not checking their mirror before changing lanes and crashing into a motorcyclist
- Another road user speeding and not stopping in time so they hit a motorcyclist stopped at traffic lights
- A driver not checking before turning into a road at a T-junction and hitting an oncoming mototcyclist
If the above happened to your loved one, you could claim. That’s because the injuries would have been caused by the other road user’s negligence. However, this list isn’t extensive. If you’d like to know whether you could claim, get in touch with our advisors.
Let’s look at these statistics for the number of motorcycle deaths on the roads. According to government statistical data on casualties in road accidents, in 2020, there were 285 motorcycle users killed on the roads in Great Britain. This was less than in 2016, 2017, 2018 and 2019 where over 300 motorcyclists were killed each year.
However, allowances should be made for periods during 2020 where public lockdowns prevented people from travelling as much.
Certain professions use motorbikes for speed, such as the police, paramedics and couriers. Employers must take all reasonable precautions to ensure their employees’ safety, as codified under the Health and Safety at Work etc. Act 1974. Therefore, if an employer requires an employee to drive a company car or to ride a motorbike, they must ensure it is safe to use.
Employers could do the following to ensure their employees are safe:
- Firstly, any workplace vehicle should be safe to use. The employer is responsible for checking for faults and carrying out regular maintenance or ensuring the appropriate party does this.
- Secondly, the employer should ensure the employee has the correct training and licences required.
- And finally, the employer should provide the employee with proper personal protective equipment (PPE). For example, they may provide a motorbike helmet to protect their head.
Did your loved one suffer fatal injuries from a motorcycle accident? You might be compensated if the employer caused the accident by acting negligently. Please get in touch with Public Interest Lawyers to see if you can begin your claim today.
Claims Against Other Parties
If there is evidence that your loved one suffered a fatal motorcycle accident in the UK due to poor road quality, or another road user’s negligence, you could be eligible to make a claim for compensation.
Under the Highways Act 1980, it is the council’s responsibility to ensure that public roads are fit for use by all road users. If certain roads are not properly maintained, this could be a breach of the local council’s duty of care. If, for example, a large pothole is reported on a public road and not fixed within a reasonable period, causing a motorbike death, an eligible family member could potentially claim against the council.
Alternatively, a motorbike death could potentially be the fault of another road user. Road users should always aim to act to prevent harm to themselves or others. If they do not, an accident could occur, and a claim could potentially be made.
If you feel this applies to you, please reach out to one of our advisors to discuss a claim for a motorbike accident in the UK today.
To make a successful compensation claim for a motorcycle death, you would have to provide evidence to prove the following:
- First of all, the motorcycle accident was caused by another road user or party’s negligence
- And second of all, that the road traffic accident caused the fatal injuries
The police will normally investigate an accident resulting in a fatality. So, the police report may determine who may be at fault. Your public injury lawyer could present this evidence to support your claim. Similarly, the lawyer could use your loved ones’ medical records to support the claim.
Your lawyer may also use the following as evidence to support the claim:
- CCTV footage and dashcam footage
- Photographs of the incident and damage to the vehicle
- Photographs of any injuries suffered
- Eyewitness accounts
If you were present at the accident, you might have been able to collect evidence at the time. Share any evidence you have with your solicitor.
It’s important to note that you don’t need to use the services of a solicitor to claim. However, we believe that legal support can be invaluable. For example, a solicitor can help you understand the different types of compensation you could claim, as we discuss below.
If your claim for a loved one’s motorcycle death is successful, you can receive different types of compensation. One type is general damages, which compensates for the suffering your loved one experienced prior to death due to the accident.
The amount of compensation that could be awarded would depend on factors such as the emotional distress your loved one experienced prior to death. You can review the compensation table below for an idea of how solicitors value general damages.
The compensation amounts in this table are based on guidelines from the Judicial College. Legal professionals use these guidelines when valuing injuries.
|Reason For Award||Award Level||Comments|
|Full Awareness||£11,770 to £22,350||Instances where the person suffers severe burns as well as lung damage. The person will have had full awareness which is followed by fluctuating degrees of awareness for 4 - 5 weeks. They will have received intrusive medical care and significant other injuries. Death will occur between 2 weeks and 3 months.|
|Followed by Unconsciousness||£9,870 to £10,010||The victim suffered severe burns and lung damage. They experienced extreme pain and lost consciousness within 3 hours. Death occurs 2 weeks after this.|
|Death after Six Weeks with Immediate Unconsciousness||£3,530 to £4,120||The person will have lost consciousness straight away and will then pass away after 6 weeks.|
|Death after One Week with Immediate Unconsciousness||£1,290 to £2,620||The person will lose consciousness very quickly after the accident/injury. Death will happen within the week.|
|Mental Anguish||£4,380||Where the person feared that either they would experience death or there would be a reduction in their life expectancy.|
In addition, you could claim special damages, which compensate for any financial losses incurred due to the accident.
Special damages can include the following:
- Medical expenses, if your loved one received medical treatment before their death
- Funeral expenses if you covered the cost yourself
- Travel expenses if you had to travel to and from the hospital, for example
There is also a statutory bereavement award for those whose loved ones have suffered a fatal accident due to another party’s negligence. That amount is £15,120 for eligible claimants.
A dependency claim allows close relatives of the deceased to seek compensation for services and support (such as emotional and financial) that they’ve been deprived of because the person can no longer provide it.
If you’re unsure as to how much you could claim, why not reach out? Our advisors are available 24/7 and can value claims for free.
If you are able to claim compensation for a motorbike death, our panel of solicitors can handle your claim on a No Win No Fee basis.
A No Win No Fee claim means that you will not pay a solicitor’s fee ahead of your claim being settled. Instead, you will sign a Conditional Fee Agreement (the formal term for a No Win No Fee agreement), whereby you will agree to pay a success fee if your solicitor wins your claim.
However, if the solicitor does not win the fatal accident claim, you will not have to pay a success fee at all. Here are some of the advantages of making a No Win No Fee claim:
- You will only have to pay the solicitor’s success fee if your claim wins.
- What’s more, you don’t have to pay the solicitor’s fee upfront or during the claim.
- If the claim is successful, the solicitor takes a success fee from the compensation. However, this is only after it comes through and it’s capped by law.
Public Interest Lawyers could help you claim compensation for a fatal motorcycle accident. Our panel of solicitors have solid experience handling fatal accident claims. What’s more, they will assess your claim in-depth before they start working on it so you can receive the right compensation for your bereavement.
To begin your claim for a motorcycle death, please:
- Call us on 0800 408 7825. We will be happy to speak with you.
- Contact us via our website.
- Use our live chat at the bottom of the page.
Public Road Motorcycle Accident Claim – A guide to claiming compensation after a motorcycle accident.
Public Pavement And Road Defect Accident Claims Guide – Please read our guide if a pavement defect has injured you.
Public Cycle Path Accident Claims Guide – Claiming compensation for an accident on a cycle path.
Employers’ responsibilities for protecting employees that drive. A Health and Safety Executive (HSE) guide.
The government’s annual report on Reported Road Casualties in Great Britain, 2020.
Victim support from Brake, the road safety charity.
Thank you for reading our guide to making a motorcycle death accident claim. To see if you can begin your claim, please contact us today.
Article by AH