Motorcycle accidents - what to consider when claiming compensation
Motorcyclists represent only a small proportion of road users but account for a significant percentage of the deaths and serious injuries on the roads.
Unfortunately for motorcyclists, there is a greater risk of an accident causing serious personal injury. There are a number of reasons for this, including the fact that motorcyclists are not seen as easily as other road users, have less protection and are more vulnerable to head and spinal injuries.
If you have been involved in a motorcycling accident and are looking to recover compensation for your injuries, Katherine Flashman Kitson at Parnalls in Launceston outlines some of the many points to bear in mind.
Get specialist advice
If you have been injured, you need early, specialist advice so that investigations can be started promptly. From receipts for your expenses to photographs of the scene and interviewing witnesses, your solicitor will help you make a start on compiling the evidence for your claim.
Specialist guidance throughout your claim can make a real difference. We can steer you towards obtaining early rehabilitation to help improve your recovery and get you back to work quicker. We can often help you obtain a payment on account of your compensation, which can be really helpful if your recovery is likely to take a long time.
Even after the claim has ended, depending on the amount of compensation, you may need continuing guidance to ensure your compensation is invested and managed properly.
Claims against highways authorities and others
Motorcyclists are particularly at risk of poor road maintenance and the hazards they cause. Diesel spills, potholes, uneven surfaces, poor surface repairs, protruding drain covers, debris, poor road markings and layout or lighting can all make life very difficult for the motorcyclist. Where there is no other road user involved, a claim might still be made against a highway authority if they have failed to maintain the highway properly.
While most accidents do involve other road users, accidents can happen in many different ways. It may not always be clear who is to blame but careful enquiry can often reveal who is responsible so that a claim can be made. For example, you may claim against the owner of escaped animals or against the occupier of premises alongside the highway for falling trees or masonry or even against pedestrians stepping out recklessly into the road.
Fatal or serious injury
Motorcyclists are roughly 35 times more likely to suffer a fatal injury in a road traffic accident. Fatalities are mainly caused as a result of major head injuries. Wearing a helmet, which is compulsory in the UK, can reduce the risk of serious injury by around 50 per cent. If a loved one has suffered a fatal injury, a claim can be made by the rider’s estate to provide for family and dependants. You will need advice from specialist lawyers who can ensure that the claim is properly calculated.
Motorcycling injuries commonly occur to the neck, spinal cord, legs and arms and can leave permanent damage and have a major impact on your lifestyle. Your personal injury claim needs to be put together carefully to ensure that maximum provision is made for past and present losses and also provides for any long-term care needs.
The impact of injury on an older biker can be much more serious. ‘Born again’ bikers over the age of 60 are three times more likely to be hospitalised after a crash than younger bikers. Underlying illness like heart disease or high blood pressure can also increase complications after an accident, making the claim for compensation itself more complex.
Taking precautions to minimise injury is obvious. Reliable and well-maintained machines, helmets and protective gear all help avoid or minimise the risk of serious injury when riding a motorcycle. But, if you are in an accident and your protective gear lets you down, you may have a claim against the seller or the manufacturer. The bike and safety gear that you buy should comply with British Safety Standards and is covered by consumer protection legislation which requires it to be of satisfactory quality, fit for purpose and as described.
For advice on any injuries sustained in a motorcycle accident, or any other type of accident, please contact Katherine Flashman Kitson on 01566 772375 or email firstname.lastname@example.org
The contents of this article are for the purposes of general awareness only. They do not purport to constitute legal or professional advice. The law may have changed since this article was published. Readers should not act on the basis of the information included and should take appropriate professional advice upon their own particular circumstances.
KATHERINE FLASHMAN KITSON CELEBRATING 25 YEARS AS A DIRECTOR OF PARNALLS
Do you know the difference between…
When to consider appointing a professional attorney
Should I get a cohabitation agreement?
The Need for Updating Wills
The Right to Make Noise
Ill-health pension transfer not liable for IHT
Legal Time Limits - why so important?
Would you pay a premium for a south-facing garden?
Video-witnessed wills to be made legal
New Planning Relaxation Is Not the Whole Storey
How to minimise delays in obtaining Grant of Probate
Could you benefit from the Green Homes Grant?
A SHOCK TO THE SYSTEM: new electrical safety regulations for residential tenancies
Property of Cornish residents who die without a will goes to Prince Charles
Does your lawyer progress your accident claim efficiently and provide you with a personal and professional service? Can i change solicitors for my accident claim?
What effect could the new changes to stamp duty have on property sales?
Preparing to sell your Launceston property
Staying safer in video meetings
Making Sure Your Great New Home Comes With Clean Air
Property Market Re-Opens in England
Coronavirus: Wills and Powers of Attorney FAQ
Medical Care Received Not Up to Scratch?
Had an Accident in Someone's Home?
Accident or Injury Involving a Dog?
Social Distancing No Obstacle for Parnall's Mobile Document Signing Team
Coronavirus (COVID-19) and Commercial Property Legal FAQs
Rent Charge Suspensions: Protecting Your Interests
Been Asked to Sign an Employment Settlement Agreement? Seek Advice Urgently...
Services Update: Continuity of Legal Service Provision
Advising You in Uncertain Times
Could carelessness on social media land you in court?
Is an electronic signature on a commercial property document acceptable?
What happens when there is no health & care LPA in place
Social Media Training for Businesses
Information to gather for your probate solicitor
Gazundering, what it is and how to avoid it
Relief from forfeiture – what happens if the tenant forgets to pay the rent?
Not so safe at work - compensation for an accident at work
New organ donation law: giving you control
Running a business from home
Have nude photos of you or your teenager been posted online?
Landowners’ rights and the Electronic Communications Code
Building in your back garden
Christmas is a time for giving (and inheritance planning)
Buying the freehold of your leasehold house
Redeveloping an empty pub for commercial use
Why it takes time to obtain the Grant of Probate
Social Media: The unconscious privacy threat
Is your reputation being threatened?
Making a will after your spouse or partner has died
Interns celebrate completion of internship at solicitors
Selling your home in a flat market, some top tips
Claiming compensation for a serious road traffic accident
New Media and Communications Court list reflects surge in internet defamation claims by Laura Baglow
Has your personal information been shared without your permission?
Planning your escape to the country, what you need to consider – part 2
Government consultation on new national model for shared ownership
Choosing a partnership structure
Planning for what happens when you die by Deborah Adams
Changes to legislation could offer protection for tenants in the private rental sector
Move to the country - Part One
The risks of DIY probate
Will your septic tank still be legal in January?
The death knell for ‘kiss and tell’?
Making a will when you retire
Selling your property at auction
Not looking so good - your guide to compensation for botched non-surgical cosmetic procedures
New threshold of seriousness in defamation proceedings
Legal considerations when building a granny annex
Choosing the right person for your power of attorney
Formal Interviews - Do you need legal representation?
Privacy rights and aerial images
Trustees’ duty to give information to beneficiaries
Five problems with a leasehold property
Taking your first commercial lease
Is your organisation protected from employee social media legal risk?
Have you been targeted by negative social media posts?
Farmers be alert when being inspected
Help for House Sellers?
Don’t let your digital assets end up in a digital grave
Valuing an estate for probate
Development proposals and your local authority search
What can you do if your child is injured in a serious accident
NetRights welcomes new protection for social media users
SHOULD I GET A LAWYER FOR A SPEEDING OFFENCE?
Supreme Court recognises that social media is a “casual medium” in libel battle
Choosing the best conveyancer who is right for you
Making a will after a second or subsequent marriage
Option or promotion agreement – which is best for landowners?
Anonymous pub and restaurant online reviews leave a bad taste
Have you had an accident involving a horse?
Help to Buy – beware of some cracks in the structure
Understanding Lasting Powers of Attorney
Changes to Energy Performance Certificate for Landlords
Had a cycling accident? Your route to obtaining compensation
New year, new home: tips to sell your home in the New Year
Tax Planning for your inheritance
Hearing loss: when your employer may be liable
Buying a home for your retirement, five things you need to consider
Farmers plan to diversify after Brexit
Ministers press ahead with probate fee shake-up - reports BBC News
Botched dental treatment? You may be entitled to compensation
Why a Health and Welfare Power of Attorney is a good idea
Will the new charge on building developments in Cornwall affect you?
Energy Performance Certificates – Do They Matter?
HMRC Challenging Stamp Duty Land Tax Payments
Ben Mitchell qualifies as a solicitor
The potential implications of Brexit on employment law
Appointing a guardian for your children
Houses in multiple occupation – new rules from October 2018
New Agriculture Bill published
Will Brexit affect my pension?
Dreaming of a holiday home? Sort out the legals before putting your feet up
Lasting Power of Attorney by Deborah Adams
Settled status after Brexit by Alexis Hager
How to choose an executor to administer your estate when you die
How overage agreements can boost profits from your land
Top tips for first-time buyers
How Could Brexit Affect My Farm?
Wills & Succession in Spain by Deborah Adams
Brexit – an international and local view by Alexis Hager, Litigation
Capital gains tax - important facts for non-residents of the UK
Buying a home: the importance of making sure the seller is entitled to sell
Changing a will after someone has died: it is possible and it could save you money
Your responsibilities when you have people working in your home
Sad passing of Battle of Britain pilot who served with Parnall family member
Considerations when buying a heritage property
Disciplinary proceedings at work: guide for employers
Employers should have a disciplinary process in place, but just following this may not be enough to avoid falling foul of the law and exposing yourself to the risk of an employment tribunal claim.