Motorbike Accident – How To Claim Compensation
Last Updated 5th July 2023. This informative guide will provide you with information on making a personal injury claim following a motorbike accident. All road users owe one another a duty of care when navigating the roads. We will discuss the relevant legislation outlining this duty later in this guide.
Motorbike Accident – How To Claim Compensation
To potentially have valid grounds to make a personal injury claim following a road traffic accident, there are certain criteria that must be met. You must have suffered physical or psychological injuries resulting from another road user’s breach of their duty of care. Road traffic accidents can lead to some of the most serious and life-changing injuries, for which you may be eligible to receive compensation.
Throughout this guide, we will explain the evidence you will need to prove your case and how much potential compensation could be awarded in the event of a successful road traffic accident claim. Furthermore, we will discuss the steps you could take to benefit your case, such as hiring a No Win No Fee solicitor. Continue reading to learn more.
Additionally, you can speak with a member of our team for expert legal advice at no cost. They are available 24 hours a day, 7 days a week to assess your claim and offer insight into whether you could be eligible to receive compensation.
To get in touch, please:
- Call us on 0800 073 8804
- Message us about your claim online
- Use our live chat feature on this page
Select A Section
- What Are Motorbike Accident Claims?
- How To Prove Your Claim
- Eligibility Criteria For Motorbike Accident Claims
- What Impact Can A Motorbike Accident Have?
- Estimated Motorbike Accident Payouts
- Make A No Win No Fee Road Traffic Accident Claim
What Are Motorbike Accident Claims?
As previously stated, to be eligible to make a road traffic accident claim, the incident must have resulted from another road user breaching the duty of care that they owed to you. This duty is set out by the Road Traffic Act 1988. Alongside this, The Highway Code lays out rules for road users to follow, some of which are backed by laws.
There are various causes that could result in a motorbike accident. For example:
- You could be stopped at a red light, and another road user rear-ends you as they were speeding and could not stop in time. As a result, you suffer a back injury.
- Another driver might not do the necessary checks in their mirrors when changing lanes. Consequently, they collide with you and cause you a shoulder injury.
- You are riding along a road when a driver under the influence of alcohol swerves and collides with you. Subsequently, you sustain a knee injury.
If you have been injured in a motorbike accident for which another road user was at fault, please speak with an advisor from our team.
How To Prove Your Claim
Following a road traffic accident, you should seek immediate medical attention. Then, in order to strengthen your personal injury claim, we recommend that you begin gathering evidence of negligence. This could include the following:
- Dashcam or CCTV footage of the incident
- Photographs of your injuries as well as the scene of the accident
- Medical records detailing your injuries
- Witness contact details for statements to be taken at a later date
Additionally, you could also seek legal advice. As previously mentioned, our advisors are on call 24/7 to answer any enquiries and assess your claim. Please do not hesitate to get in touch.
Eligibility Criteria For Motorbike Accident Claims
Certain eligibility criteria need to be met for personal injury motorbike claims. This is:
- Another road user owed you a duty of care. Road users must navigate the roads in a way that prevents injury and damage to themselves and others. This is their duty of care.
- A breach in this duty must have occurred.
- You suffered injuries as a result of this breach.
If a driver is found in breach and you suffer an injury in a motorcycle accident as a result, you might be eligible to claim. Get in touch with an advisor to find out more about motorbike accident claims.
Motorbike Accident Compensation – How Long Do I Have To Claim?
It’s important to understand the time limits involved when claiming for motorbike accident compensation. If you don’t take action within the limitation period, your claim could be time-barred unless circumstances meant you were unable to comply within the time limit.
Road traffic accident claims, like with any type of personal injury claim, must typically be brought forward within three years from the date you were injured. However, if a minor is involved in a motorbike accident, the compensation claim time limit cannot begin until their 18th birthday, as they are unable to pursue claims themselves until this date. If someone lacks the mental capacity to claim, the time limit is suspended indefinitely unless they regain the mental capacity.
A litigation friend can act on behalf of a minor or someone who lacks the mental capacity. For example, a parent, guardian or family member that has no conflicting interests with the claimant. They can claim on their behalf at any point during the suspended period.
If you are unsure whether you are within the time limit to take action, our advisors will be happy to clarify free of charge. Get in touch for more information. Otherwise, continue reading to find out the average compensation for a motorcycle accident.
What Impact Can A Motorbike Accident Have?
A motorbike accident could cause you to suffer from physical and psychological injuries. These could range from minor scrapes and bruises to severe and life-changing injuries.
Examples of injuries that you could sustain in a motorbike accident include:
- Soft tissue injuries
- Lacerations
- Brain damage
- Fractures and broken bones
- Amputations
- Spinal injuries
- Psychological injuries
These injuries could also lead to financial losses. For example, you may be so severely injured that you are unable to work and suffer from the loss of income. For these various impacts, you could be eligible to receive compensation. Please continue reading to learn more about how compensation is awarded for personal injury claims.
You can also speak to a member of our team for an assessment of your claim.
Estimated Motorbike Accident Payouts
If your personal injury claim for a motorbike accident is successful, the compensation awarded could be comprised of up to two potential heads of claim.
Firstly, you could receive compensation under general damages for any psychological or physical pain and suffering caused by your injuries. This also takes into account the impact your injuries have had on your quality of life.
We have put together a table of potential compensation brackets below using the Judicial College Guidelines (JCG), updated for 2022. This document can be used by legal professionals, such as personal injury solicitors, to assist them with valuing the general damages head of a claim.
| Injury and Severity | Compensation Brackets | Details |
|---|---|---|
| Arm Amputations (a) | £240,790 to £300,000 | Both arms are lost. |
| Arm Amputations (b)(i) | Not less than £137,160 | Where one arm is lost via amputation at the shoulder. |
| Leg Injury (a)(i) | £240,790 to £282,010 | The amputation of both legs. Either one leg will have been lost above the knee at a high level and the other below the knee or both will have been lost above the knee. |
| Moderate Injury Resulting from Brain Damage (c)(i) | £150,110 to £219,070 | The injury results in a moderate to severe intellectual deficit, an effect on senses and a personality change. |
| Very Severe Foot Injury (c) | £83,960 to £109,650 | The injury will cause really serious permanent disability or severe permanent pain. |
| Severe Back Injury (a)(ii) | £74,160 to £88,430 | An injury that has special features, for example nerve root damage with multiple associated problems. |
| Severe Neck Injury (a)(ii) | £65,740 to £130,930 | Injuries that involve harm to discs in the cervical spine or serious fractures, which cause disabilities of a considerable severity. |
| Hand Injury (b) | £55,820 to £84,570 | Serious damage to both hands which causes significant loss of function and permanent cosmetic disabilities. |
| Severe Shoulder Injury (a) | £19,200 to £48,030 | This bracket includes injuries involving harm to the brachial plexus leading to significant disability and commonly associated with neck injuries. |
The amount awarded for a successful claim depends upon its unique details. Therefore, you should consider these figures as a guide.
You could also receive payment under special damages for any financial losses sustained due to your injuries. For instance, if you are prevented from working due to a broken arm caused by the accident, you could be compensated for your loss of earnings.
Other financial losses you may be eligible to claim under special damages include the following:
- Home adaptations
- Medical expenses
- Care costs
- Travel costs
It is advisable to keep a record of all financial losses in order to be reimbursed for them. This could include receipts, invoices, payslips or bank statements.
Contact our advisors if you would like to find out how much road traffic accident compensation you could be entitled to.
Make A No Win No Fee Road Traffic Accident Claim
Our advisors can provide you with free and confidential legal advice. If they find that you may be eligible to bring forward a claim, they could connect you with one of our personal injury solicitors, who may offer to work on your claim under a type of No Win No Fee agreement known as a Conditional Fee Agreement (CFA).
This generally means you will not have to pay upfront or whilst your claim is ongoing for your solicitor’s services. Nor do you commonly pay for these services if your claim is not a success.
Alternatively, if your claim has a successful outcome, a No Win No Fee solicitor will generally take a small amount of the compensation, calculated as a percentage. The law caps this success fee.
If you would like to find out whether you could have valid grounds to claim or to learn more about entering into No Win No Fee agreements with road traffic accident solicitors, please speak with an advisor from our team. To get in touch:
- Call 0800 073 8804
- Claim online via our website
- Use our live chat feature at the bottom of the screen
Learn More About Motorbike Accident Claims
We have provided further guides that could prove informative on motorbike accident claims:
- Accident Caused By Merging Traffic Compensation Claim
- E-Scooter Accident And Injury Claims
- Uninsured Drivers, Can I Still Claim Compensation For My Accident Or Injury?
Additionally, explore the external links we have provided below:
- THINK! – road safety
- NHS – a guide on first aid
- GOV.UK – Compensation after an accident or injury
Thank you for reading our guide on the steps you could take if you have been injured in a motorbike accident resulting from another road user breaching their duty of care.