If you’ve been injured in a motorcycle accident caused by another road user’s breach of duty of care, you may be entitled to make a personal injury claim. This guide contains information on when you could be eligible to do so, and what motorbike accident compensation settlements could consist of following the success of your claim.
We will look at the legislation governing the duty of care road users owe to one another and how breaching this duty could cause harm.
This guide also includes a brief explanation of the advantages to you of working with a solicitor on a No Win No Fee basis.
Our team could assist you if you have any other questions about the process of making a motorcycle accident claim. You can contact them via:
- Phone by calling on 0161 696 9685
- Our ‘contact us‘ form
- The live chat feature at the bottom of the page.
Select A Section
- What Could Your Motorbike Accident Compensation Claim Be Worth?
- Can I Make A Motorbike Accident Compensation Claim?
- What Are The Most Common Motorcycle Accidents?
- Proving Your Motorcycle Accident Claim
- No Win No Fee Motorbike Accident Compensation Claim
- Related Road Traffic Accident Claims
Upon the success of your motorbike accident compensation claim, you will be awarded a personal injury compensation amount for the physical impact of your injuries and the emotional damage caused. This is awarded under general damages, one of the heads of claim that make up a personal injury compensation settlement.
Solicitors can refer to the Judicial College Guidelines (JCG) in conjunction with your medical documents to calculate your potential compensation amount. The JCG list various injuries alongside their guideline compensation amounts, some of which have been used to create the table below. Since personal injury claims are assessed case-by-case, this table is intended as a guide only.
|Paralysis||(a) Tetraplegia||Factors bearing on the award include the presence of respiratory issues, depression and the degree of independence.||£324,600 to £403,990|
|Brain||(b) Moderately Severe||The injured person will have a very serious cognitive or physical disability and they will need substantial dependence on others as well as constant care.||£219,070 to £282,010|
|Brain||(c) Moderate (iii)||Concentration and memory are affected, the ability to work is reduced and there is a small risk of epilepsy.||£43,060 to £90,720|
|Back||(a) Severe (i)||Nerve root and spinal cord damage leading to severe pain and disability with a combination of other issues such as incomplete paralysis.||£91,090 to £160,980|
|Chest||(b) Traumatic injury to chest, lung(s) and/or heart||Injuries cause permanent damage, impairment of function and reduced life expectancy.||£65,740 to £100,670|
|Chest||(c) Damage to chest and lung(s)||Injuries causing continuing disability.||£31,310 to £54,830|
|Injuries to pelvis and hips||(a) Severe (ii)||A fracture dislocation involving both ischial and pubic rami is included in this bracket.||£61,910 to £78,400|
|Injuries to pelvis and hips||(a) Severe (iii)||A fracture of the acetabulum leading to degenerative changes and the likelihood of hip surgery.||£39,170 to £52,500|
|Arm||(c) Less Severe||While there will have been significant disabilities, a substantial degree of recovery is expected, or has already taken place.||£19,200 to £39,170|
|Elbow||(b) Less Severe||Injuries causing impairment of function but not significant disability.||£15,650 to £32,010|
Any financial losses you incur due to your injuries can be compensated under special damages, the other head of claim that can form part of your settlement. Possible examples of financial losses that could be compensated are:
- Childcare costs.
- Travel expenses.
- Loss of earnings.
Evidence in the form of receipts, payslips and travel tickets could help prove any losses you have experienced.
For further guidance on the compensation you could be awarded following a successful motorcycle accident claim, please contact an advisor on the number above.
As per the Road Traffic Act 1988, road users have a duty of care to one another to do everything they reasonably can to prevent harm when using the roads. The Highway Code outlines the responsibilities of road users. It is important to note that the Highway Code contains both recommendations and rules. The rules are legal requirements.
Rule 204 of The Highway Code sets out that certain road users require extra care, including motorcyclists. The rule states that those who have the potential to cause the greatest harm have the greatest responsibility to reduce the danger they pose to others.
For example, the driver of a car needs to ensure they consider the risk they pose to motorcyclists on the road. For example, they should ensure they give them enough room when overtaking.
However, motorcyclists still have a responsibility, as a road user, to navigate the roads in a way that prevents harm to themselves and others.
In order to make a personal injury claim after a road traffic accident, the following requirements must be satisfied:
- Another road user owed you a duty of care.
- That road user breached the duty of care they owed you.
- This breach was the cause of your injuries.
Is There A Time Limit For Motorcycle Accident Claims?
Generally, the time limit for starting a personal injury claim is 3 years from the accident date. However, exceptions can apply in certain cases.
If you have questions regarding the time limit for your motorbike accident compensation claim, or whether you are eligible to pursue legal action, you can contact our team using the information above.
Motorcyclists are deemed to be vulnerable road users, as motorcycles lack the inbuilt protections of enclosed vehicles, such as seatbelts, airbags, and side impact bars. According to the Department for Transport, over a period of 2015-2020, the most common contributory factor allocated to serious or fatal accidents involving motorcyclists and another vehicle was a driver or rider failing to look properly.
Some examples of how motorcycle accidents could occur include:
- The driver of a car parked on the roadside does not look before opening their door. As a result, they hit on an oncoming motorcyclist causing them a broken femur and shoulder injury.
- A car driver misinterprets road signs and travels in the wrong direction down a one-way street, causing a head-on collision with a motorcyclist. This leads to the motorcyclist sustaining multiple injuries of a serious nature.
- Another vehicle cuts a bend and collides with an oncoming motorcycle leading to a serious back injury.
- The driver of a car reverses out of a side street onto a main road. They hit a passing motorcyclist, causing them to sustain a broken hip and head injury.
To discuss your specific circumstances and find out whether you’re eligible to begin a motor vehicle injury claim, call our team.
Evidence is important in strengthening your claim. It can demonstrate that another road breached their duty of care to you, how the accident happened, and the injuries you sustained as a result. Some examples of possible evidence you could gather to support your motorbike accident compensation claim are listed below:
- You can request a copy of any CCTV footage from the time of the accident.
- After receiving medical attention, you could ask for a copy of any scans or X-rays.
- Take down the contact details of witnesses to the accident so their statements can be taken during the claims process.
- Take photographs of the vehicles involved and the immediate scene of the accident.
A road traffic accident solicitor from our panel could assist you with building your case. If you wish to seek legal representation, and feel your could benefit from the services provided by one of the solicitors on our panel, call an advisor to find out more.
If you have been injured following a motorbike accident, our advisers could assess the validity of your claim. If you have valid grounds to seek compensation, they could then connect with a personal injury solicitor from our panel, who can offer you a No Win No Fee contract called a Conditional Fee Agreement (CFA).
Under the terms of this contract, you would generally not have to pay any upfront fees for the solicitor’s services nor any ongoing fees as your claim moves forward. Also, if your personal injury claim is unsuccessful, you will not have to pay the solicitor for the service they have provided.
In the event of a successful claim, a solicitor will take a legally capped percentage of your motorbike accident compensation amount as their success fee, meaning you will keep the majority of your settlement.
Our team of advisers can answer any questions you have regarding your personal injury claim. To contact them, you can:
- Call on 0161 696 9685
- Fill out our ‘contact us‘ form
- Use the live chat feature at the bottom of the page.
For more of our guides:
- Find out about making a claim for a car accident caused by mud on the road.
- Learn more about claiming compensation for road accidents caused by animals.
- Read about how your claim could be affected if you were not wearing a seat belt.
For further useful resources
Thank you for reading our guide on what your motorbike accident compensation claim could be worth. If you have questions, queries or concerns about your potential claim, you can reach an adviser using the contact details above.
Written by HC
Edited by MMI