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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.
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.
Compensation claims are intended to ‘undo’ the negative effects of suffering some kind of harm. The harm resulting from a motorbike accident will often be your injuries and any other losses you have suffered.
In reality, reparation can only be made through financial means. Whilst money cannot reverse all of the effects of an accident, claiming personal injury compensation can bring many benefits. These include:
- Helping to counter financial worries – An accident can affect many aspects of your life, including your income. This can cause significant financial worries which a compensation claim may alleviate. In certain circumstances, compensation can be obtained before a claim is ended through ‘interim payments’.
- Assisting recovery by allowing quicker access to treatment – Quick access to treatment can make a big difference to your recovery. However, often the fastest way to obtain treatment is to pay for it privately, and doing so yourself may be difficult. When making a claim, funding can frequently be arranged through a medical agency or from the other party’s insurance company, allowing you to access treatment quickly without the financial burden.
- Providing some measure of redress – if you have been involved in an accident, that cannot be changed whether you claim compensation or not. However, if you do not claim compensation, none of the harm you have suffered will be redressed.
- Recovering money to which you are entitled – If you can establish your claim successfully (see below) then you are legally entitled to be compensated for your losses.
Choosing your legal representatives when making a claim is an important decision.
You want to be assured of their experience and expertise, but they must also be people you can trust.
At Truth Legal, our team of qualified and experienced solicitors have the abilities to recover the compensation you deserve. We pride ourselves on providing an ethical, honest service to all of our clients. We are based in Harrogate with a presence in York, Manchester, and London. Find out more about our team of experts. Over the years we have successfully acted for numerous bikers.
Compensation awards for your injuries alone are valued on the extent of pain and suffering you have experienced, or may permanently experience, as well as an appreciation of how your symptoms have affected your life.
For many motorcyclists, biking is a passion which goes beyond just a mode of transport. If your injuries have affected this enjoyment, physically or psychologically, this should also be reflected in your claim.
Aside from your injuries, a motorbike accident will almost certainly cause you to incur other losses. These could include damage to your motorbike itself, your leathers, helmet, and other damaged items.
As a general rule, losses can be included in your claim if they were caused by the accident, or as a consequence of your injuries. Some other common categories of loss include:
- Travel expenses – such as taxi fares or mileage.
- Medical expenses and treatment costs – such as physiotherapy or the costs of a wheelchair.
- Lost earnings – such as reductions in your normal income or lost bonuses.
- Care and assistance – provided by friends or family.
Besides losses you have already incurred, you can claim for losses which you are likely to suffer in the future. For example, future treatment costs or any future disadvantage your injuries may cause if you are required to find a new job.
Many things can vary from case to case, and the length of time it takes to resolve a case is one of them, as so many different factors can change it. These include: your recovery time, different areas of dispute, and whether your case has to go to court.
Unfortunately this means no ‘blanket’ answer can be given to the question of how long a claim will take. Any attempt to do so without considering the individual circumstances of your case would be meaningless at best.
Personal injury claims have time limits applied to them by law. In general, if 3 years have passed from the date of the accident – and court proceedings have not been started – you will no longer be able to claim compensation for the accident.
There are some exceptions to this, however, and in some situations extra time may be granted by a court.
If you have been involved in a motorbike accident and you are concerned about these time limits, contact us right away to discuss your situation.
Funding a personal injury claim can often be a worry, which is why Truth Legal tries to help people on a ‘No Win, No Fee’ basis wherever possible. Where the accident was not your fault, we can usually offer a No Win No Fee Agreement.
When a case is funded by a No Win No Fee Agreement, in almost all situations, it means you will not have to pay our fees if we do not succeed in securing compensation for you.
Upon a successful outcome, usually but not always some of our fees are paid by a portion of your compensation award. This is the normal way in which No Win No Fee agreements operate. It is also usual for most of our fees to be paid by the other party or their insurers.
How a claim is funded is always explained in more detail before a claim begins. You can read more about No Win No Fee Agreements here.