In order to make a personal injury claim for an injury sustained in a motorbike accident, you will need to follow the same process as anyone else attempting to use the personal injury process. A compensation claim will hinge on your being able to prove two things:
- The existence of a duty of care.
In the UK, all road users are obliged by law not to do anything, or to fail to do something, that could result in someone else suffering an injury. More specifically, everyone is required not to do anything that is reasonably foreseeable as to cause someone to suffer injury. This is known as the duty of care.
- A breach of the duty of care.
Demonstrating a breach of the duty of care owed to you can be difficult: you will need to be able to point to omissions or actions taken by the person that your claim is against and that these omissions or actions actually caused your injury. In other words, you will need to show how the their negligence caused your injury.
It is not generally difficult to establish the breach of a duty of care in terms of motorbike accidents. Section 38(7) of the Road Traffic Act 1988 states that:
‘A failure on the part of a person to observe the provisions of the Highway Code shall not in itself render the person liable to criminal proceedings of any kind but any such finding may in any proceedings (whether civil or criminal…) be relied upon by any party to the proceedings as tending to establish or negative any liability which is in question in those proceedings.’
Evidence of a breach of the Highway Code, whilst not definitive evidence of negligence, can be very powerful evidence in convincing a court of this.
While it may be one thing to know what evidence is needed in mounting a claim for compensation following a motorbike accident, this is not the same as knowing how this is communicated to a court. In attempting to prove negligence on the part of the person you are claiming against, you will need to provide detailed, factual evidence of the circumstances surrounding your injury. This can include:
- Photographs of the incident and the damage caused;
- Written statements from witnesses who saw your accident;
- Expert medical reports on the severity of any injuries you suffered and the care required;
- Reports on the level of damage done to your bike and kit; and
- An overview of how the accident has impacted your life.
IT always makes sense to obtain independent legal advice from an experienced personal injury solicitor . For legal help please feel free to call us on 01252354412 or complete our online enquiry form .
What kind of compensation is available?
As with any personal injury claim, the level of compensation that will be awarded in the event of your being able to prove that you suffered from the negligence of another driver, will depend on the circumstances. It is important to note that your claim will normally reflect the level of pain and suffering that your injury has caused you, and depending on the severity, the impact that your accident has had on your life, e.g. arranging for medical care, or a loss of wages.
In terms of the cost of repairs to your bike and kit, in the majority of circumstances this will be covered by the negligent road user’s insurance. However this will depend on the particulars of their insurance policy.
Get help today , call 01252354412 or complete the online enquiry form for assistance
- Victims of motorbike accidents are covered under UK personal injury laws.
- Motorbike riders can make a compensation claim for both mental and physical injuries.
- The increased susceptibility to injury makes no difference to the ability of motorbike riders to make a claim for injuries caused by someone else’s negligence.
- The level of compensation available depends entirely on your circumstances.
Nothing in this guide is intended to constitute legal advice and you are strongly advised to seek independent legal advice on matters that affect you.
FOR IMMEDIATE ASSISTANCE WITH YOUR MOTORCYCLE INJURY CLAIM CALL FREE ON 01252354412