Motorcycle Accident Lawyers – How To Get Help With Your Claim
By Jo Greenwood. Last Updated 6th July 2023. Our guide will explain how motorcycle accident lawyers can be useful to you and in what circumstances you will be eligible to claim compensation.
This guide details how The Highway Code sets out rules for motorcyclists, and we also look at how the Road Traffic Act 1988 applies a duty of care to all road users.
You may wonder what damages you could be awarded if your personal injury claim following a motorcycle accident is successful. Not only do we look at how compensation is calculated, but we also provide you with key examples.
Furthermore, we outline the scenarios in which these accidents can unfold, what steps you should take to make a motorcycle accident claim and how hiring motorcycle accident lawyers on a No Win No Fee basis may be financially useful to you during the claims process.
To reach us with any questions you may have about hiring motorcycle accident lawyers, please do so in the following ways:
- Call us on 0800 073 8804
- Claim online by filling out our form
- Chat with us through our live support bubble
For more information about motorcycle accident lawyers, please continue reading.
Select A Section
- What Are Motorcycle Accident Lawyers?
- Who Are Vulnerable Road Users?
- Why Do Motorcycle Accidents Happen?
- What Should You Do If You Have Been Injured In A Motorcycle Accident?
- Time Limits For Motorbike Accident Claims
- What Could You Claim With Motorcycle Accident Lawyers?
- Claim With A Motorcycle Accident Lawyer – No Win No Fee
Motorcycle accident lawyers will specialise in the area of motorcycle accident claims. They will benefit your claim because of their frequent handling of these claims.
Choosing a solicitor based on their expertise and familiarity with the nature of your accident will prove to be greater in benefit than hiring one who specialises in another area of law. Motorcycle accident lawyers will have received training that caters to your specific claim and what steps you could take to increase the likelihood of receiving compensation.
The Road Traffic Act 1988 and The Highway Code provide laws and guidance that road users must follow whilst on the roads. Motorcyclists should navigate the roads in a reasonably safe way, ensuring the prevention of harm to other road users.
In order to claim for a motorcycle accident, you need to be able to prove that:
- A road user owed you a duty of care
- This duty was breached
- This breach led to your injuries
If you can demonstrate this, then you could be eligible to claim for negligence and hiring motorcycle accident lawyers could significantly help with beginning your claim.
The Highway Code also outlines what classifies an individual as a vulnerable road user and what this means in relation to road safety.
Rule 204 states that road users most at risk from traffic are pedestrians, disabled people, older people and children in particular, in addition to cyclists, horse riders, and motorcyclists. The road users who pose the greatest risk have the greater responsibility to reduce their danger. These road users include the likes of lorry or bus drivers.
Motorcycle Accident Statistics
Statistics from the governments Reported Road Casualties Great Britain: Motorcyclist Factsheet 2021 illustrate the frequency of collisions and motorcycle accidents:
- Between 2004 and 2021, fatalities decreased from 585 to 310 by 47%, and serious injuries fell by 40%.
- On average, between 2016 and 2021, 6 motorcyclists died, and 111 were seriously injured per week.
- Almost half of the motorcycle fatalities were caused by collisions between a motorcycle and a car.
- Driver or rider failing to look properly was the most common factor causing the accidents.
Motorcycle accidents can occur in a number of different ways. Examples of these instances include:
- Potholes: The road may be damaged, and the local authority may not have repaired it, causing you to fall off your motorcycle.
- Roundabouts: A vehicle may not check its mirrors efficiently and therefore pull out at the incorrect time, hitting you.
- Drink-driving: You may be involved in an accident in which another road user or yourself were intoxicated while driving.
Call our advisors now for free legal advice. After a case assessment that is free of charge, if you have valid grounds to claim, they can connect you with our motorcycle accident lawyers.
After sustaining injuries in a road traffic accident, the most important thing to do is seek medical attention. This will ensure that you get properly looked at and treated. Any entries in your medical records can be used as evidence to prove the severity of your injuries.
When you have had your injuries looked at, you may wonder how to claim. Although a motorbike accident lawyer is not compulsory, they will have the expertise and knowledge to file your claim correctly and in full. They can also compile evidence together to help prove your claim. This can include:
- CCTV/dashcam footage
- Witness contact details so a statement can be taken by a designated person.
- Photographs of your injuries and copies of medical records
Having proof of the causes of your injuries and accident will be significant in claiming compensation.
If you are eligible to make a personal injury claim, you must start legal proceedings before the relevant time limit expires. For motorbike accident claims, you will typically have three years from the accident date to file your claim under the Limitation Act 1980.
There are, however, some exceptions to this limitation period. For example, if a child under the age of 18 was injured in a motorcycle accident, the three-year time limit would pause until they turned 18.
During this time, an adult, such as a relative, parent or lawyer, could apply to be a litigation friend and start a claim on the child’s behalf. A litigation friend is someone who will act in the child’s best interests when making decisions about the claim.
If no claim was filed during this period, the limitation period would begin once the child turned 18. They would therefore have until they turn 21 to file their own claim.
To learn more about exceptions to the three-year time limit or ask questions about the eligibility criteria for motorcycle accident claims, you can contact our advisors.
General damages cover the pain and suffering that any injuries or illnesses have caused.
You may be eligible to receive special damages too. These cover the financial losses you have suffered due to your injuries. These losses can include:
- Loss of earnings
- Ongoing care costs
- Transportation costs
These monetary losses will need to be accompanied by evidence. This can include:
- Bank statements to show the costs of professional care or home adaptations
- Tickets from public transport to demonstrate the costs of travel
When looking into the payouts for your injuries, motorcycle accident lawyers may use The Judicial College Guidelines to value your injuries. This offers compensation brackets for various injuries, as shown in the table below. However, these figures are not definite and should only be used as a guide. The outcome of your settlement may vary in comparison.
Alternatively, you could use a personal injury claims calculator, which gives a rough overview of the values of your injuries. Still, these amounts are not guaranteed and often do not include other factors that may be considered for your compensation.
|Head Injury||Very Severe (a)||There is an ability to follow basic commands but there is little or no response to the environment.||£282,010 to £403,990|
|Head Injury||Moderately Severe (b)||This involves serious disability and a substantial dependence on others for care.||£219,070 to £282,010|
|Head Injury||Less Severe (d)||A good recovery has been made and work and social life has been restored.||£15,320 to £43,060|
|Neck Injury||Severe (a) (i)||This is associated with incomplete paraplegia. There is little to no movement in the neck.||In the region of £148,330|
|Neck Injury||Moderate (b) (i)||Fractures/dislocations with immediate symptoms fall under this section.||£24,990 to £38,490|
|Loss of One Arm||Above Elbow Amputation (b) (ii)||Difficulties using prosthesis if the stump is short.||£109,650 to £130,930|
|Back Injury||Severe (a) (i)||This involves serious damage to the spinal cord and nerve roots.||£91,090 to £160,980|
|Leg Injury||Severe (b) (ii)||Problems with mobility are permanent as are the use of mobility aids. The recovery period has spanned years.||£54,830 to £87,890|
|Pelvis and Hip Injury||Moderate (b) (ii)||This could involve hip surgery or replacement.||£12,590 to £26,590|
|Shoulder Injury||Serious (b)||The shoulder is dislocated and the lower brachial plexus is damaged.||£12,770 to £19,200|
You may be concerned about having to pay high upfront costs to hire legal help. If so one of our specialist solicitors could work with you on a No Win No Basis.
When you work with a lawyer for a motorcycle accident on a No Win No Fee basis, you only pay a legally capped percentage from your settlement if your claim succeeds. If it fails, you typically do not pay your lawyer for their work.
For more information on making motorbike accident claims with one of our No win No Fee lawyers, get in touch with our advisors today. They can answer any questions you may have about the motorcycle accident claims process.
Related Motorcycle Accident Lawyers Claim Guides
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