Motorbiking is a passion and way of life for many people. Unfortunately, being a biker means putting yourself at risk every time you head out onto the roads. Even if you do everything right, there is always the chance of being involved in an accident due to the negligence of others. If this has happened to you, then you may be able to make a claim for compensation.
The relative lack of protection bikers have, when compared to motorists in other vehicles, means that motorbike accidents always have the potential to cause severe injuries. These can range from whiplash and broken bones all the way up to brain damage or even fatal injuries.
According to analysis by Think! for every mile travelled, motorcyclists are roughly 38 times more likely to be killed in a road traffic accident than the occupants of a car. Whilst that assessment was based on 2013 statistics, the latest Government figures show the situation has not changed much at all.
There are many ways in which a motorbike accident can occur. Perhaps most common are those involving other road-users. The speed and manoeuvrability of motorbikes – the aspects which draw in so many enthusiasts – are also the reasons why bikes can be difficult for other motorists to spot. This is no excuse, however. If you have been riding sensibly and another driver has collided with you simply because they did not make sufficient observations, then the fact you are riding a motorbike is no defence.
However, road traffic collisions are far from the only circumstances which could give rise to a motorbike accident claim. Other situations include:
- Potholes or other hazards caused by a badly-maintained road surface. This would involve making a claim against whoever is responsible for maintaining the road.
- Defective safety equipment.
- Defective parts of your motorbike.
- Spillages on the road.
If you have suffered harm from the negligence of someone else in a motorbike accident then you are legally and morally entitled to claim compensation for it. Truth Legal can help you every step of the way in recovering this compensation for you.
If you would like any more information, or you would like to discuss your circumstances in more detail, please contact us.
We also offer free initial consultation sessions. These give you time to speak to us about your case without any cost or obligation to proceed further.
Motorbike Claims Unaffected by the 2021 Whiplash Reforms
You may have heard about changes to the law involving whiplash claims and road traffic accidents. These changes alter the process by which certain personal injury claims are made, imposing lower injury compensation awards, and preventing affected claimants from instructing solicitors to help them.
However, if you were injured whilst riding a motorbike, your claim will not be affected by these changes fortunately. This means that, even if you have suffered whiplash-type injuries, you can instruct Truth Legal to help you in your personal injury claim.
There are several elements you must prove in order to make a successful personal injury claim. You must prove:
- That the other party had a duty of care in relation to you and that they failed in this duty. Road-users owe duties of care to one another so establishing this is very rarely a problem in motorbike accident cases. However, proving a breach of this duty can be more difficult. For a motorbike claim, this could involve proving that a motorist pulled out of a side road in front of you or changed lanes on a roundabout and collided with you.
- That the accident caused your injuries and other losses.
- That the amounts you are claiming for your injuries and losses are reasonable.
As noted earlier, there are many ways in which a motorbike accident can occur and give rise to a claim. Each case will be different and some obstacles in one case may not cause a problem in another.
The requirements to establish a claim successfully may sound daunting but this is where the quality of your legal representation can make all the difference. At lot must be done to successfully bring a personal injury claim, but with experienced specialist solicitors acting for you, the chances of securing the right compensation are much greater.
If you already have a motorbike accident claim ongoing, always remember that you are entitled to switch solicitors if you want to do so. The process is straightforward.
It is quite common for insurance companies or a claims management companies to assign your case to a law firm themselves. If you have not chosen your legal representatives, it is easy to feel like your case has been placed with a firm simply because of unseen business arrangements. Often these firms are better equipped to deal with high volumes of cases rather than provide a specialist service.
If your solicitors or the unqualified people running your case do not understand motorbike accident claims, then you should consider switching/changing solicitors.
Perhaps your current representatives are not providing you with the service you deserve? Maybe trust has broken down between you, or you no longer have confidence in your representatives’ abilities? Whatever the reason, you can switch solicitors if you wish to do so.
If your claim has already been settled, it is not possible to reopen it with another law firm. However, if you feel that your legal representatives did not deal with your case properly, you may be able to bring a claim against them for professional negligence.