When Can You Make Motorbike Accident Injury Claims?
Do you need information about motorbike accident injury claims? Were you knocked from your bike by another road user? If so, this guide will explain all the essential steps for making a personal injury claim for compensation against the third party at fault.
As you read the sections below, we will explain who could be eligible to start a claim. We look at the useful evidence you can collect to support your case. As well as how you could claim compensation for both the physical and financial harm caused. In addition to providing some examples of motorbike accidents for which another road user is at fault, you’ll also find below a compensation table that looks at guideline amounts for different types of injuries that could be suffered in a road traffic accident.
At JFLAW, our solicitors can help eligible claimants on a No Win No Fee basis. So if you would like to discuss your motorbike accident claim in person right now, you can:
- Call an advisor on 0151 375 9916
- Contact us online to request a callback and chat about your claim.
- See what compensation you could be owed through the ‘speak to us now’ feature.
Choose A Section
- When Can You Make Motorbike Accident Injury Claims?
- Examples Of Motorbike Accident
- Motorcycle Accident Compensation Amounts
- What Evidence Could Help In Motorbike Accident Injury Claims?
- Claim Motorcycle Accident Compensation On A No Win No Fee Basis
- Read More About Claiming For Motorbike Accident Injuries
All motorists owe a duty of care to each other. This is to drive their vehicles and negotiate the roads in a way that does not cause harm or damage to themselves and others. Your claim needs to demonstrate that the other road user failed to comply with the Road Traffic Act 1988 and the rules laid out in the Highway Code for you to have an eligible claim. Furthermore, you need to prove that your injuries were directly caused because of this failure.
The first important point to consider is your eligibility to make a personal injury claim for negligence. There are three requirements to establish negligence under tort law:
- The other person owed you a duty of care.
- They breached this duty.
- This resulted in you suffering physical or psychological injuries.
In addition to the three criteria above, there is a time limit of 3 years to make a personal injury claim. The Limitation Act 1980 outlines this, although certain exceptions can apply depending on age and level of mental capacity. If you are unsure about the time frame for your motorbike accident injury claim, get in touch with an advisor at the number above.
As we have explained above, to be eligible to make a personal injury claim after a road traffic accident, the incident must be at least partially the fault of another road user. If you caused the accident yourself, you would not be able to claim.
What are some typical examples of how a negligent road user could cause you injury? Below we examine some scenarios for motorbike accident injury claims:
- A motorist could exit a turning whilst looking at a mobile phone. Not giving the road their full attention could result in them side-impacting you and your motorbike.
- A motorist could be driving above the legal speed limit and as a result, hit the back of your bike as they could not stop in time.
- If another road user is intoxicated, they could fail to react properly and collide either head-on or in a rear-end collision with you.
- Jumping a red light may result in another motorist crashing into you and knocking you into oncoming traffic.
It is important to note that a wide range of injuries can result from accidents such as these, and you may suffer multiple types of harm. The exact circumstances of your accident might also be different to these examples. Therefore, to obtain precise advice, discuss your case in person with our advisors, who can be reached for free on the number above.
There can be two types of damages awarded in successful motorbike accident claims. The primary head of loss is called general damages. This seeks to address the pain, suffering and general decline in the quality of the claimant’s life after the injuries. In order to calculate a value, those responsible for assessing this part of your claim can refer to medical reports and publications such as the Judicial College Guidelines. We include an excerpt from this below, but please bear in mind that the award brackets it lists are only guidelines:
Award Bracket Guidelines
|Type of Injury||Severity||Definition||Award Guideline|
|Head||(a) Very Severe||Top of this bracket there may be some ability to follow basic commands, recovery of eye opening and return of sleep and waking patterns.||£282,010 to £403,990|
|Neck||(a) Severe (i)||Neck injuries that cause incomplete paraplegia or despite wearing a collar 24 hours a day for a period of years, still has little or no movement in the neck||In the region of £148,330|
|Back||(a) Severe (ii)||Cases of severe nerve root damage and lost sensation.||£74,160 to £88,430|
|Shoulder||(c) Moderate||Frozen shoulder and soft tissue issues that limit movement and persist for approximately 2 years.||£7,890 to £12,770|
|Leg||(b) Severe Leg Injuries (iii) Serious||Serious fractures that are compound or comminuted in nature and entail a lengthy period of non-weight-bearing.||£39,200 to £54,830|
|Knee||(a) Severe (i)||Serious injuries that disrupt the joints and create osteoarthritis. Also a lengthy treatment with significant lost function and pain.||£69,730 to £96,210|
|Ankle||(c) Moderate||Fractures and tears to the ligaments that create issues such as walking and standing for prolonged periods.||£13,740 to £26,590|
|Wrist||(a) Loss of Function||Injuries where there is a complete loss of function even after surgery.||£47,620 to £59,860|
|Foot||(e) Serious||Continuing pain caused by traumatic arthritis. Prolonged treatment required.||£24,990 to £39,200|
|Pelvis||(a) Severe (iii)||A fracture resulting in a hip replacement which is only partially successful.||£39,170 to £52,500|
Can You Claim For Financial Losses In Motorbike Accident Claims?
The second head of loss is called special damages. This seeks to reimburse the person for financial and monetary harm caused by the injuries. It is necessary to present proof of these amounts. This can be receipts, wage slips and other substantiating documentation. Some of the losses you could include are:
- Proof of past and future loss of earnings because of time off work (or an inability to return to work at all).
- Medical costs for treatments that are not available for free through the NHS.
- Adaptations to your home or vehicle to accommodate the injuries.
- Care costs for family members, friends or paid professionals to help you at home.
- Travel expenses to hospital appointments.
Special damages are something our solicitors are experts at offering advice on. Their years of expertise mean they can ensure all relevant losses are properly calculated and included. This is vital, as a personal injury claim for the motorbike accident injury can only be made once. So to access expert advice like this, get in touch to see if you qualify.
Evidence proving that your injuries were caused by another road user for a personal injury claim after a road traffic accident is vital. With this in mind, we have listed below some actions that can strengthen your case:
- Collect CCTV and dashcam footage, which clearly captured the motorbike accident.
- Get the contact details for any witnesses who can give a statement at a later date.
- Keep a diary that details significant treatments and your state of mind.
- Get copies of medical records
- Take photos from the scene.
A solicitor can help you collect together information like this. The first step is to learn how eligible your motorbike accident injury claim is by speaking to an advisor on the number above.
Our solicitors can take up eligible claims under a Conditional Fee Agreement (CFA) which entails no fees needed upfront or as the case unfolds. If the claim is unsuccessful, there are no solicitor fees to pay at all.
Claims with a successful outcome mean you pay a success fee for the solicitor’s services. This is a capped percentage from the compensation award and ensures that you always benefit the most from the payout.
Using the services of a personal injury lawyer like this allows you to start a claim immediately. You can relax and be safe in the knowledge that your claim is being expertly handled. Put your claim in safe hands today by starting with a free, no-obligation case check:
- Call an advisor on 0151 375 9916
- Contact us online to chat about your claim.
- Use the call-back option to chat about motorbike accident injury claims.
Thank you for reading this guide on making motorbike accident injury claims. Below are some further resources from our website to help, plus some external reading:
- Read about making a claim after an accident in a public space here.
- Also, road traffic accidents are looked at in this guide.
- How to make a claim for a cycle accident.