A Guide To Fatal Motorcycle Accident Claims

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Who Can Make Fatal Motorcycle Accident Claims?

Road traffic accidents involving motorcyclists could result in very serious injuries, which, unfortunately, could potentially lead to fatalities. In this guide, we explain when fatal motorcycle accident claims might be possible.

After explaining who might be entitled to claim, we provide examples of scenarios of how a motorcyclist may be involved in a road traffic accident caused by another road user. Then we review how compensation could be calculated for fatal motorbike accident claims and the types of evidence that could be used to present a stronger claim.

Finally, you’ll read about how one of our motorcycle accident solicitors could help you to claim on a No Win No Fee basis.

Fatal Motorcycle Accident Claims
Fatal Motorcycle Accident Claims Guide

If you would like free legal advice about the claim process for a fatal motorcycle accident, you can:

Please continue reading for more on claiming for a fatal motorcycle accident, or feel free to get in touch if you have any questions.

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Who Can Make Fatal Motorcycle Accident Claims?

The Law Reform Miscellaneous Provisions Act 1934 permits the estate of the deceased to put forward a personal injury claim on the deceased’s behalf to cover any pain and suffering before their death.

A separate piece of legislation, the Fatal Accidents Act 1976, permits certain qualifying relatives of the deceased to claim compensation for the impact the death has had on them.

Therefore, the relatives that might be entitled to make fatal motorcycle accident claims include:

  • Current or former husbands, wives and civil partners.
  • The deceased’s spouse if they were living as such for at least two years before the death.
  • Parents or those treated as such.
  • The deceased’s children or stepchildren. This may include children from previous marriages or civil partnerships if they were still treated as the deceased’s child.
  • Siblings, uncles, aunts or their children.

Importantly, dependants are not permitted to start their own claim for the first 6 months after the death of the deceased. The estate can make a personal injury claim on behalf of the deceased and also a claim on behalf of the dependants. If the estate makes no claim within 6 months, the dependants are free to begin their own. However, it is only the estate that can make the personal injury claim on behalf of the deceased.

If you would like to check if you’re entitled to motorbike accident compensation after the loss of a loved one, why not speak to a member of our team for free advice on your options?

Examples Of Motorbike Accident Claims?

For an eligible personal injury claim on behalf of the deceased after a fatal motorbike injury and to also claim for loss of dependency, the following criteria must be met:

  • Another road user owed the deceased a duty of care while on the roads
  • The other party caused the accident because they breached that duty of care.
  • Your loved one died as a direct result of that accident.

This duty of care can be upheld by abiding by the Highway Code and the rules of the Road Traffic Act 1988. Some examples of driver negligence that could lead to fatal motorcycle accidents include:

  • Where a motorcyclist was hit by a car that was being driven on the wrong side of the road.
  • If the driver of a public transport vehicle, such as a bus, pulled out into the road without indicating and hit a motorbike.
  • If a car collided with a motorbike because the driver was under the influence of drugs or alcohol.
  • Where a fatal motorcycle accident occurred because a driver was distracted by their mobile phone.

If you believe your loved one has died because another motorist breached their duty of care, please call the number above for a no-obligation review of the case.

Compensation For Fatal Motorcycle Accident Claims

In fatal motorcycle accident claims, the deceased’s estate could claim for any pain and suffering that was endured before their death. The severity of their suffering and how long it lasted are the main factors considered when establishing the correct level of compensation.

Solicitors usually use independent medical reports to establish the amount of suffering in fatal accident claims. They’ll use this information to calculate the appropriate amount of compensation. Additionally, they might refer to the Judicial College Guidelines (JCG).

The JCG is a document that provides compensation guidelines that could be relevant when calculating motorcycle injury amounts. Our compensation calculator and the table below include guideline figures from the JCG. Please note, however, that each case is unique so settlements can vary widely.

Compensation Table

Type Of SufferingGuidance AmountsExtra Information
Fatality with additional damages and financial losses.Up to £550,000+Covers pain and suffering caused to the deceased as well as dependancy payments such as loss of earnings and loss of services.
Quadriplegia (aka Tetraplegia)£324,600 to £403,990 Pain, awareness, life expectancy, ability to use senses and other factors will be used to determine the appropriate settlement within this bracket.
Paraplegia£219,070 to £284,260Considers the claimant's degree of independence, level of pain, age, life expectancy and depression.
Severe Post-Traumatic Stress Disorder £59,860to £100,670For this bracket, the claimant's life (all aspects) will be permanently affected.
Severe Psychiatric Damage£54,830 to £115,730The impact on relationships, ability to work or deal with life, future vulnerability, prognosis and how treatment might help will be factored in to help calculate any settlement.
Death with full awareness£12,540 to £23,810Full awareness for a short period and then fluctuating levels of consciousness followed by death within a couple of weeks up to 3 months.

The top entry compensation figure is not taken from the JCG.

Potential Losses You Could Claim For After A Fatal Motorcycle Accident

Fatal motorcycle accident claims could also include compensation to cover:

  • The cost of a funeral.
  • Financial dependency to cover loss of earnings, pensions or benefits since the fatality and in the future.
  • Loss of companionship and other losses that can’t be quantified financially.
  • Loss of services, i.e., if the deceased helped around the house, with the children or DIY for example.

Additionally, Section 1A of the Fatal Accidents Act 1976 allows a bereavement award to be paid. This is currently fixed at £15,120 and can be claimed by

  • Husbands, wives and civil partners
  • A spouse who’d lived with the deceased for at 2 years before their death.

Importantly, the bereavement payment will be split between any qualifying relatives who claim it rather than there being one payment each.

If you’d like us to provide an estimate of how much motorcycle accident compensation could be awarded, please call our team today.

Evidence That Could Be Used To Claim Compensation

As with any personal injury claim, evidence is needed to support fatal motorcycle accident claims. It needs to prove the cause of the accident, who was responsible and how the injured party has suffered as a result.

Therefore, when making road traffic accident claims, the types of evidence that could be useful include:

  • Photographs of the accident scene.
  • Contact information for anybody who is a potential witness to the accident.
  • Information about the medical treatment the deceased required.
  • Police investigation reports.
  • Dashcam or helmet camera footage of the accident.

As part of the service, our specialist solicitors offer they will help to collect and present the evidence. They can collate the evidence so to bring forward a strong and solid case for compensation.

Use No Win No Fee Motorcycle Accident Solicitors To Help You Claim

Using a No Win No Fee solicitor can make fatal motorbike accident claims much less stressful and easier to manage. That’s because, as part of their service, they may:

  • Collect evidence on your behalf.
  • File the claim and manage its progress.
  • Argue the case if there are any objections regarding liability.
  • Send you regular updates about how your claim is progressing.
  • Aim to secure a fair settlement.

To provide a No Win No Fee service, our solicitors work under a Conditional Fee Agreement (CFA).

This means that if your claim is taken on:

  • You won’t need to pay for your solicitor’s services in advance.
  • Also, you won’t pay for your solicitor’s work during the claims process or if it is lost.
  • If the claim is won, you’ll pay a success fee. This is a legally capped deduction.

To check if you could be represented by one of our No Win No Fee solicitors, you can:

Other Resources About Claiming Injury Compensation

Here are a few more personal injury claims guides from our site:

Finally, we’ve linked to some external resources that may also help:

Should you have any questions about fatal motorcycle accident claims, please call the number above to contact us.

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