A Guide To Claiming For A Motorbike Accident
By Stephen Hudson. Last Updated 26th June 2024. 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.
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 Motorbike Accident Claim
- What Impact Can A Motorbike Accident Have?
- Estimated Payouts For A Motorbike Accident Claim
- 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 Motorbike Accident Claim
Evidence is required when making a motorbike accident injury claim. Your evidence will need to confirm the injuries you’re claiming for and show how they were caused by another party breaching the duty of care they owed you.
Examples of evidence that could support you when you claim for a motorbike accident includes:
- Any video footage that shows your motorbike accident, such as helmet camera footage, other dashcam footage or CCTV footage.
- The contact details of any witnesses who can provide a statement regarding your motorbike accident.
- Photographs of the motorbike accident scene and any visible injuries you have.
- Medical records that confirm your injuries.
If a solicitor is helping you claim motorbike accident compensation, then they can assist you with gathering evidence. Contact our team of advisors for free today if you would like to ask any questions about gathering evidence or other aspects of the claiming process.
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 Payouts For A Motorbike Accident Claim
If you make a successful motorbike accident compensation claim, then the compensation awarded may include general damages and special damages. General damages compensate you for the pain and suffering caused by your injuries.
The table below shows some of the compensation guidelines featured in the Judicial College Guidelines (JCG). This document may be used by those assessing the value of your claim in terms of general damages. It lists numerous kinds of injuries alongside guideline compensation brackets.
You can view the table below as a guide only. Take note that the table’s first entry is not taken from the JCG.
| Injury and Severity | Severity Of Injury | Compensation Brackets |
|---|---|---|
| Multiple Serious Injuries Plus Special Damages | Serious | Up to £1,000,000+ |
| Arm Amputations | (a) Loss of both arms | £293,850 to £366,100 |
| Arm Amputations (b) (i) | (b) (i) Loss of one arm, amputated at the shoulder | Not less than £167,380 |
| Leg amputation | (i) Loss of both legs | £293,850 to £344,150 |
| Brain Injury | Moderate (i) | £183,190 to £267,340 |
| Neck Injury | Severe (ii) | £80,240 to £159,770 |
| Foot Injury | Very severe | £102,470 to £133,810 |
| Back Injury | Severe (ii) | £90,510 to £107,910 |
| Hand Injury | Serious damage to both hands | £68,070 to £103,200 |
| Shoulder Injury | Severe | £23,430 to £58,610 |
Your motorbike accident claim compensation could also potentially include special damages. This compensates you for financial expenses or losses you’ve experienced due to the incident that harmed you. The types of expenses or losses that could potentially be covered under special damages include:
- Loss of earnings if your motorbike accident has forced you to take unpaid time off work to recover.
- Travel expenses for attending vital appointments, such as taxi fares or train tickets.
- The cost of home care provisions required to help you complete day-to-day tasks at home during your recovery.
Certain documents, such as invoices and bank statements, will need to be provided as evidence to allow you to claim special damages.
For more guidance on potential compensation payouts for a motorbike accident, get in touch with our advisors for free today either online or by calling us.
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.
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