Everything You Need To Know About Making A Motorcycle Accident Injury Claim
Without many of the protections typical of cars, motorcyclists face much higher risks of being involved in a devastating crash. If you have been hurt on the road through no fault of your own, you could be entitled to make a motorcycle accident injury claim.
From explaining liability to detailing compensation guidelines, our guide breaks down everything you need to know about the motorbike accident claims process.
Key Takeaways In Motorcycle Accident Injury Claims
- Motorcycle accident injury claims need supporting evidence like medical records for injuries sustained
- You can make a motorcycle accident claim if the incident was not your fault
- Loved ones can make a motorbike accident compensation claim on someone else’s behalf
- You have up to three years to begin a personal injury claim
- How much compensation you receive will depend on various factors, such as if there was a serious injury
Our panel of solicitors are experienced in handling motorcycle accident injury claims. If you would like more information on road traffic accident claims, please get in touch using the following details:
- Ring on 020 3870 4868.
- Fill out our contact form.
- Talk to an advisor using our live chat feature.
Browse Our Guide
- Can I Make A Motorcycle Accident Injury Claim?
- Common Causes Of Motorcycle Accidents
- What Can I Do To Lower The Risk Of An Accident?
- Can I Make A Motorcycle Accident Injury Claim On Behalf Of A Loved One?
- How Much Compensation Could You Get For A Motorbike Accident?
- What Evidence Do I Need To Claim?
- Can I Make A No Win No Fee Motorbike Accident Claim?
- More Information
Can I Make A Motorcycle Accident Injury Claim?
All road users have a legal responsibility to ensure they prevent injury to themselves and others. To comply with this duty of care, road users must adhere to the rules and regulations of the Road Traffic Act 1988 set out by the Highway Code. So, if a drunk or distracted driver caused your neck injury or broken foot, you could have valid grounds to claim compensation.
In order to pursue a motorcycle accident injury claim, you need to be sure that:
- A road user owed you a duty of care
- They breached their duty of care
- The breach caused your injuries in the road traffic accident
Can I Claim For An Accident Caused By A Hit-And-Run Driver?
As with any road traffic accident, you may be able to make a claim where there is proof of third party liability. Hit-and-run accidents do pose some challenges when making a motorcycle accident injury claim.
In these cases, you would make a claim through the Motor Insurers’ Bureau (MIB), a not-for-profit organisation that provides compensation for those hit by fault or untraceable drivers.
Our panel of solicitors are experts in handling any claim you make through the MIB.
My Motorcycle Accident Was Caused By Poor Road Surfaces, Can I Claim?
If you have been injured in an accident caused by poor road services, you may be able to make a claim. Your motorcycle accident injury claim may be against a local authority or a highways agency as they have a duty of care under the Highways Act 1980 to maintain the road.
That said, if the location you were injured on was privately owned, then those responsible for the road under the Occupiers’ Liability Act 1957 could be liable if they have failed to keep you reasonably safe.
Can I Claim If The Accident Was Partially My Fault?
It might still be possible to make a claim if you partly contributed to a motorcycle accident. For example, you could be partially liable if your speeding motorbike collided with a vehicle whose driver was distracted.
This scenario is known as split liability and may mean:
- Liability is split by percentages, such as 75%/25% or 50%/50%
- A compensation settlement reduced to your percentage of fault
To learn more about making a motorcycle accident injury claim, please reach out to one of our advisors.
Common Causes Of Motorcycle Accidents
Since they lack many of the safety features of cars, motorcyclists are considered vulnerable road users. Even though a motorbike accident can have many causes, there are some common ones:
- A speeding car going too fast crashes into your motorcycle
- A HGV runs a red light and crashes into the side of your motorcycle
- A bus pulls out without indicating and checking your mirrors and hits you
- A car reverses without looking and collides with your motorcycle
How Common Are Motorcycle Crashes In The UK?
Despite representing just one per cent of road traffic, motorcycles have a statistically high risk of being involved in a crash. For instance:
- Motorcyclists are up to 51 times more likely to be in a fatal incident on the road than car drivers
- 20% of road fatalities in the year ending in June 2023 involved motorcyclists
- Between 2018 and 2020, a weekly average of six deaths and 104 serious injuries were recorded on the road involving motorcyclists
- In 2022 alone, there were 16,943 reported motorcycle casualties, including 350 fatalities
To discuss the specifics of your accident, talk to a member of our friendly team.
What Can I Do To Lower The Risk Of An Accident?
Of course, dangers cannot always be avoided, but you can take steps to reduce the risk of a road traffic accident:
- Avoid riding between traffic and be aware of your surroundings, such as blind spots
- Slowing down gives you more chance of spotting hazards like debris and cars
- Keeping your motorbike in good condition can help avoid catastrophic failures
- Safety helmets, gloves, and other protective clothing can prevent serious injury
- Take extra care in low visibility by keeping headlights on and wearing bright/reflective clothing
Had a motorcycle accident through no fault of your own? Reach out to an advisor today.
Can I Make A Motorcycle Accident Injury Claim On Behalf Of A Loved One?
When your loved one is unable to make a claim by themselves, you could act as a litigation friend on their behalf. Generally, you can assume this role in a motorcycle accident injury claim for someone who is:
- Under 18 at the time of the accident
- Or lacks the mental capacity to make a claim independently
Fatal Motorcycle Accident Claims
If you have lost a loved one through no fault of their own, you may have grounds to make a claim on their behalf. Generally, your fatal accident compensation claim will depend on two pieces of legislation:
- The Law Reform (Miscellaneous Provisions) Act 1934 makes it possible for the deceased’s estate to claim for pain and suffering before they died
- The Fatal Accidents Act 1976 allows dependants to make a claim for funeral expenses, certain financial losses, and bereavement damages
Are you considering making a motorcycle accident injury claim for someone else? Please reach out to our team for further guidance.
How Much Compensation Could You Get For A Motorbike Accident?
How much compensation you receive for a motorcycle accident compensation claim will depend on various factors. These general damages will consider:
- Physical injuries like skull fractures or broken bones
- Ongoing physical symptoms resulting from your accident
- Psychological damage stemming from the accident
The Judicial College Guidelines (JCG) can give an idea of compensation figures but do not take into account special damages. Solicitors may use the JCG alongside evidence like medical records to help value a claim.
Of course, every case is unique, and your settlement may differ. The following figures include compensation amounts for certain injuries, with the topmost value not from the JCG:
| Injury | Severity | Compensation Guideline | ||||||||
|---|---|---|---|---|---|---|---|---|---|---|
| Multiple Serious Injuries and Special Damages | Very Severe | Up to £1 million plus | ||||||||
| Brain and Head Injury | Very Severe | £344,150 to £493,000 | ||||||||
| Neck Injury | Severe (ii) | £80,240 to £159,770 | ||||||||
| Neck Injury | Moderate (ii) | £16,770 to £30,500 | ||||||||
| Back Injury | Severe (iii) | £47,320 to £85,100 | ||||||||
| Back Injury | Moderate (ii) | £15,260 to £33,880 | ||||||||
| Severe Leg Injuries | Severe (iii) Serious | £47,840 to £66,920 | ||||||||
| Less Serious Leg Injuries | Less Serious (iii) | Up to £14,450 | ||||||||
| Shoulder Injury | Moderate | £9,630 to £15,580 | ||||||||
| Facial Disfigurement | Significant Scarring | £11,120 to £36,720 |
Can I Claim Special Damages?
Special damages are a type of compensation that considers financial loss related to your injury. You will need evidence to support any claim for reimbursement. Provided you do, special damages can apply to losses like:
- Vehicle damage: This could include costs for repairs or replacement
- Loss of earnings: Can take into account missed work days and bonuses
- Medical: Prescriptions, tests, and surgeries are common medical expenses
- Care: These expenses may include carers and extra childcare
For further guidance on compensation claims, contact one of our advisors today.
What Evidence Do I Need To Claim?
To give you the best chance of making a successful motorcycle accident injury claim, you will need evidence. For a motorcycle crash, you could use:
- Dashcam footage and CCTV recordings of the incident
- Witness statements collected by your solicitor to support your version of events
- Medical records documenting injuries, appointments, prescriptions, and ongoing symptoms
- Photographs showing the accident scene, vehicle damage, and visible injuries
Would you like more information about gathering evidence? Speak to one of our advisors for further guidance.
Can I Make A No Win No Fee Motorbike Accident Claim?
If someone else caused the injuries you sustained in a motorcycle crash, you may have grounds to make a claim.
Our panel of personal injury solicitors have experience in handling motorcycle accident injury claims. They may offer their services on a No Win No Fee basis, a type of funding arrangement that aims to mitigate some risks associated with solicitor fees.
In particular, Conditional Fee Agreements (CFA) are a type of No Win No Fee arrangement that can provide several benefits:
- No initial fees to pay to start a claim
- No extra fees through the claims process
- No solicitor fee to pay for a failed claim
In the event of a successful claim, your solicitor will take a small, legally capped deduction from the compensation awarded as their success fee.
Contact Our Team
To discuss making a motorcycle accident injury claim, get in touch today using the following details:
- Ring on 020 3870 4868.
- Fill out our contact form.
- Talk to an advisor using our live chat feature.
More Information
For more information, read some of our other guides on:
- Time limits for road traffic accidents.
- Common questions about working with road accident solicitors.
- What happens when an uninsured driver hits you.
In addition, these resources may also be helpful:
- Government advice about safety on the road.
- Further government advice on claiming compensation after a public liability accident.
- More guidance from National Highways about road safety.
