Call us on
0800 032 8511
Home > Accident Types > Road Traffic Accidents > Motorcycle Accidents
Motorcycle Accidents
If you or a member of your family have been involved in a motorcycle accident and are suffering from a personal injury as a result, our specialist personal injury lawyers may be able to help you claim compensation. Contact us today on 0800 032 8511 for claim advice, or by completing an online compensation claim form.
Road Accidents Involving Motorcyclists
Common Types of Motorcycle Accident
Motorcycle Accidents and Defects in the Road
Diesel Spillages and Motorcyclists
Motorcycle Safety
Who Can Claim Motorcycle Accident Compensation?
How to Make a Motorcycle Accident Claim
Compensation
How Much Compensation am I Likely to Receive?
Specialist Motorcycle Accident Lawyers
Successful Motorcycle Accident Claims
Road Accidents Involving Motorcyclists
When involved in a road accident, motorcyclists are more vulnerable to serious injuries and fatal accidents than drivers, as they are not protected by their vehicle and do not have the benefit of seatbelts. In fact, although motorcyclists only make up about 1% of traffic, they suffer around 18% of the deaths and 18% of the serious injuries on our roads.
As motorcycles are also smaller and less visible than a car, they have an increased risk of not being seen by other road users.
High visibility wear, protective helmets and clothing go some way towards protecting riders from motorcycle accidents, however other road users must take care to be aware of motorcyclists and drive considerately. For further information on motorcycle safety, see the RoSPA and Bikesafe websites.
Common Types of Motorcycle Accident
Some of the most common types of accident involving motorcycles are as follows:
- Collisions at Junctions: Most often another vehicle crossing the path of a motorcyclist when leaving or entering a side road.
- Accidents Whilst Overtaking: For example a vehicle turning right or making a u-turn across the path of an overtaking motorcyclist.
- Failure to Correctly Negotiate Bends: Common on winding country roads, this type of accident accounts for around 15% of all motorcycle accidents.
- Loss of Control: Often occurring when a motorcycle is not ridden in accordance with the road conditions, or is ridden at high speed or alternatively where there is a defect in the road.
In built up areas more motorcycle accidents are caused by other road users, however in rural areas more motorcycle accidents are caused by rider error.
In many cases, motorcycle accidents are caused by drivers that are unaware of the presence of a motorcyclist. It is therefore important for motorcyclists to take all possible safety precautions and ensure that they drive 'defensively' in order to avoid being injured in a road accident.
Motorcycle Accidents and Defects in the Road
Local authorities have a duty to maintain public highways and road furniture (signs and bollards etc) to a safe standard, as motorbike and scooter accidents can be caused by dangerous defects on the road.
Motorcyclists are more likely to be affected by defects in the surface of the road than many other road users and each year accidents are caused by potholes, sunken or damaged drains and so on.
If a road is improperly maintained, it is also likely that a motorcyclist will have to spend more time checking the road surface for hazards, when they should be looking out for other road users.
If you notice a dangerous defect in a road, it should be reported to the local authority so that it can be repaired and any potential accidents prevented.
It is possible to make a claim against the local authority in these circumstances even if no other driver is involved
Diesel Spillages and Motorcyclists
Diesel spillages on roads can cause serious problems for any road users, but motorcyclists are particularly vulnerable. If a diesel spillage is caused by the act or omission of another party, and this causes an accident, they could be considered liable. For example, this could include the overfilling of tanks, failure to correctly secure caps or failure to repair defects in a vehicle or its tank.
Unfortunately it is often very difficult to trace the party responsible for a spillage, so making a personal injury compensation claim for this type of accident can be very difficult. However in some cases a claim can be submitted to the Motor Insurers Bureau where the offender can’t be traced.
The Highways Authority do not have any duty to take active steps to ensure that their roads are free from diesel spillages, however they can be found negligent under the Highways Act 1980 if a spill is reported to them and they fail to take action to clear it.
If you encounter a spill, have an accident or witness an accident caused by a spill, it is important to report this to the local authority and / or the police.
Occupiers of premises such as petrol stations and vehicle depots have a duty to ensure that their property is in a safe condition for their visitors. If a hazard is identified, they have to take all reasonable measures to clear it, and they must be able to prove that they have a suitable inspection and cleaning system in order to avoid being held responsible for any accident.
Motorcycle Safety
Prevention is better than cure, so see our tips on safe riding and protective wear below to help prevent unnecessary accidents and injuries:
Safe Riding Tips
- Where possible, avoid riding your motorcycle in harsh weather conditions (e.g. ice, snow, heavy rain, high winds).
- Approach junctions cautiously, check for vehicles emerging from side roads and driveways and be prepared to take evasive action if necessary.
- Be visible. Motorcycles are small and narrow and can be obscured from view, so wear high visibility clothing, try to stay in other drivers' line of sight and display lights.
- Ride at a steady speed, appropriate to the road conditions.
- Be aware of other vehicles.
- Take care on motorways, where vehicles are travelling at higher speeds.
Protective Clothing
Helmets and protective clothing are essential to rider safety as a motorcyclist does not have the protection of their vehicle as other drivers do. Severe injuries, including burns, brain injuries and head injuries can be the result of an accident where a rider is not wearing the recommended gear.
It is a legal requirement for motorcyclists to wear a helmet, but many people decide not to protect themselves further. Well fitting leather clothing, gloves and boots, designed specifically for motorcyclists and meeting the current safety standards should always be worn. They will not only keep you warm and dry but may reduce the level of injury in the event of an accident.
Who Can Claim Motorcycle Accident Compensation?
If a rider or pillion passenger is injured in a motorcycle accident and that accident was caused by the negligence of someone else, they should be entitled to claim damages, otherwise known as compensation.
All road users have a responsibility to exercise care and consideration for other road users whilst driving, including their passengers, and to obey the law and highway code. Failure to do so can amount to a breach of the duty of care, known in law as negligence. If someone's negligence causes an accident and another person is injured, the injured person is usually entitled to make a personal injury claim.
How to Make a Motorcycle Accident Claim
If a road accident occurs, especially if someone is hurt, the law requires that the police are informed as soon as possible. They will file a report on the incident and this is often very important in any legal proceedings that follow. Anyone injured should receive immediate medical attention.
It is also important to record as much detail as possible, including the other party's details, contact details for any witnesses and even photographs of the vehicles if possible.
The next step is to seek legal advice at the earliest opportunity. In every case, medical evidence will be required. It is also necessary to show that the person you are making a claim against owed you a duty of care, that they breached that duty of care (were negligent), and that the injury you sustained was a reasonably foreseeable consequence of that negligence.
If you are involved in an accident with an uninsured or untraced driver, a claim may be possible via the Motor Insurers Bureau.
Compensation
There are two elements to a compensation award.
The first, called general damages, is for the pain and suffering you may have gone through and any loss of amenity (perhaps an inability to continue with hobbies, look after your garden, walk the dog). The award for loss of amenity can be for a short period after an accident or for ever if that is what the medical evidence supports.
Whereas the first element of compensation cannot make you better and can only really apologise, the second element of a compensation award, for your losses and expenses,
is known as special damages and aims to put you back in a position financially as if the accident had never occurred. It is important to keep receipts for any expenditure you have related to the accident so that these can be reclaimed.
In serious cases, where a person may no longer be able to continue their employment, this can be taken into account. Costs for care, equipment, transport and housing modifications can also be factored into the calculations. If the person is still able to work but not in the same role as before, particularly if they held a public service role such as a doctor or police officer, an extra amount may be awarded for loss of ‘congenial employment’. A court can also make a financial award to recognise that an injured worker's prospects on the open labour market may be limited.
If a person is fatally injured, a dependent relative such as a widow and children may be able to claim a statutory sum for their bereavement and funeral expenses, but also sums for the loss of income and contribution to the household in the form of future losses.
How Much Compensation am I Likely to Receive?
The details of each case are assessed individually, as a number of factors affect the amount of compensation awarded in a personal injury claim. These include the extent of the injury, recovery period, any loss of earnings, other losses related to the injury (for example medical expenses and care costs) and whether or not the victim was partially to blame.
Awards made in previous claims of a similar nature are used as a guideline however, together with general guidelines from the Judicial Studies Board. Our ‘How Much’ section provides further information and you can find details of previous settled cases in our news and success stories sections.
Specialist Motorcycle Accident Lawyers
The Legal Line lawyers are experts in all areas of personal injury, with extensive experience in recovering compensation for the victims of motorcycle accidents. They can provide specialist accident claim advice, assistance and guidance in helping you to pursue your claim to the best possible outcome.
Successful Motorcycle Accident Claims
Our lawyers have assisted many injured motorcyclists in recovering compensation. Examples of some of these cases can be found below:
- At the time of her motorcycle accident, our client was proceeding around a roundabout. Another driver entered the roundabout without checking that their path was clear to do so and collided with her, knocking her to the ground.
As a result of this road accident, our client suffered a fractured pelvis and soft tissue injuries to various parts of her body. She was unable to attend work for several months and required assistance with many of her day to day activities during her recovery.
Our specialist personal injury lawyers were able to recover just over £11,500 compensation in respect of her injuries and losses. A lesser offer was initially made, however by using their experience in motorcycle accident claims they were able to negotiate an acceptable settlement.
- Whilst travelling in the outside lane of a dual carriageway, our client suffered a serious motorcycle accident. Another motorcyclist hit him from behind and pushed his motorcycle into another vehicle.
As a result of the incident, our client suffered multiple injuries, including: fractures to his arm and shoulder, which was also dislocated, several fractures and a degloving injury to his foot, severe bruising to his face, shoulders and arm and multiple lacerations, some of which required stitches. He also suffered injuries to his neck and back.
The claimant was treated for several weeks in hospital, then required care at home for some time after he was discharged. He was unable to return to work for months, which resulted in a considerable loss of earnings, and his motorcycle, clothing and phone were all badly damaged. In addition he had to cancel two planned holidays and incurred personal costs for medical treatment, equipment and travel expenses. Our specialist road accident lawyers were able to recover £40,000 compensation in respect of his injuries and losses.
The Legal Line, the brand, is part of Thompsons Solicitors, a firm regulated by the Solicitors Regulation Authority