Motorcycle accident compensation claims

Motorcycle accidents occur because they do not provide the rider with sufficient protection in the event of a minor or major collision with a vehicle. Motorcycles reduce the visibility on the road, thus increasing the risk of a collision with an incoming vehicle. When motorists find themselves involved in an accident, they file a motorcycle accident compensation claim to recover medical expenses and property damage.

The Process to Establish Responsibility in a Motorcycle Accident

The process to establish who is liable for the accident involving a motorcycle and car involves:

1.      Road Sense

Passing judgment on who is at fault in motorcycle accidents is an extremely complicated process compared to other types of accident that occur on the road. It is necessary for the people involved to take proper investigative steps to discern who should be held liable for the motorcycle accident.  

2.      The Highway Code

Motorcyclists should be well aware of the Code 83 and 88 of the Highway Code, which states that motorcyclists and their passengers should wear a protective helmet and they should be aware of what is behind them and to the sides before moving.

3.      The Evidence

Motorcycle collisions occur unexpectedly. Therefore, the motorcyclist may not be able to remember the exact cause of the accident. To gather evidence, they should give their statements about the accident and the injuries they sustained to the police. The police will take pictures of the scene, note down information on the damage sustained by the bike, and collect witness statements. They will give a copy of the police report to your solicitor.

• Criminal Conviction

If the road traffic accident (RTA) was due to a driving offence, they will convict the driver of the vehicle, thus clearly showing that the motorcyclist was not at fault for the accident.

• Inspect the Scene of the Accident

In the event, no police report is generated or you feel they may have missed something; you can inspect the scene of the accident as well. Additionally, motorcyclists should put up a notice at the scene, requesting witnesses to provide an account of the accident.

• Crash Report

Solicitors can obtain a motorcycle crash report on their client’s behalf. You can consult with a crash expert or an engineer to inspect the scene, consider the evidence, and inspect the damage to the motorcycle to develop their opinion, which you can use to support your motorcycle accident compensation claim.

• CCTV Footage

If a CCTV camera is situated near the accident scene, request the council to provide you with a copy.

What is Contributory Negligence?

Contributory negligence occurs when the claimant can show the defendant is responsible for the accident, but also realize that their actions contributed in some way to the accident. In this case, the claimant’s compensation amount is decreased by a certain percentage. An example of contributory negligence is the motorcyclist not wearing a helmet.

What is the 50/50 Method?

If both parties are at fault, they can settle on the 50/50 method. The 50/50 method states that both parties are liable to compensate each other for the injuries and the damage occurred by splitting it in the middle. The 50/50 method and the contributory negligence method differ from each other. In contributory negligence, the defendant is held as primarily responsible for the accident with the motorcyclist contributing to a certain degree of their injuries.

Common Types of Accidents

Here is a list of four common types of accidents that occur:

• When a car emerges from a side road while a motorcycle was passing through
• When a car change lanes (common sense to who is liable for the accident should be used in this instance)
• When a car perform a sharp U-turn while a motorcycle is passing stationary traffic

Tips for Motorcyclists

Here are some tips for motorcyclists to live by:

• Always be alert at roundabouts and junctions
• Wear bright colours and use dipped headlights, both during the day and at night
• Always stay in the centre of the lane and when making a turn, use indicators to move to the right side of the lane
• Before overtaking another vehicle, ensure you can view the road ahead of you first
• Consider weather conditions such as ice, fog, and rain
• Ride your motorcycle at a reasonable speed so to enable you to slow down quickly when required

Accidents involving motorcyclists, mopeds or scooters result in more serious injuries than others and accordingly take longer to resolve. At the same time two-wheeler riders are more vulnerable to other negligent drivers’ actions. If you have suffered injury due to any such accident in the last 3 years, you could be liable to make a NO WIN NO FEE compensation claim.

While there are judicial guidelines stating the range of compensation for different kinds of injuries, the compensation also depends on the specific nature of each case. Moreover, other losses like loss of earnings, travel and medical expenses can vary the amount to a great extent. Specialists at Wembley Solicitors take into account not only your injuries but also any other losses you might have incurred as a result of the incident.  

To get a free advice about your case, call our personal injury specialist on 020 3417 3700.