Motorcycle Accidents

Many motorbike accidents are caused by the negligence of other drivers, but they can also be caused by rider error and other issues.

We have helped clients to claim compensation for motorcycle accidents caused by:

• Road problems (potholes, debris etc.)
• Error on the part of another motorist
• Error on the part of a mechanic, instructed to maintain the motorcycle

We have also handled a variety of claims made by those riding pillion on a motorcycle who have been injured through no fault of their own.

If you have been injured in a motorcycle crash, and you are unsure of where to go next, call us for a no-obligation conversation about your situation and your options. Our expert legal team will be happy to advise you.

After a motorcycle accident, it is critical to follow these steps:

1. Ensure safety: first and foremost, ensure your safety and that of others. If possible, move to a safe location off the road to avoid further accidents
2. Call emergency services: dial 999 to report the accident and seek immediate medical assistance, even if injuries appear minor. Shock can mask the severity of injuries
3. Gather information: collect details of any other parties involved in the accident, including names, contact details, vehicle registration numbers and insurance information
4. Record details: note down specifics about the accident, such as the time, location, and weather conditions. Document the sequence of events leading up to the accident as you remember them
5. Witnesses: if there were any witnesses to the accident, ask for their contact details. They may be called upon to provide a statement later
6. Photographs: if possible, take photographs of the accident scene, including the positions of vehicles, visible injuries and any road conditions that may have contributed to the accident
7. Report the accident: notify the police within 24 hours if you have not already done so. Also, report the accident to your insurance company

Legal advice: contact a motorcycle accidents specialist at Ramsdens Solicitors as soon as possible. We can guide you through the legal process to secure compensation

The symptoms of a serious motorcycle accident injury can vary widely based on the specific type of injury sustained, and can involve a range of physical, cognitive and emotional changes. Here are some common symptoms associated with specific types of serious injuries:

• Head and brain injuries: due to motorcycle accidents are common and serious, and they can manifest in many ways and have a range of symptoms, including severe headaches, memory loss, difficulty speaking and loss of consciousness. In more subtle cases, symptoms could include changes in personality, mood, or behaviour
• Spinal cord injury symptoms: can include loss of movement or sensation, including feeling and mobility in the lower parts of the body. Other signs may be loss of bladder or bowel control, difficulty breathing, changes in sexual function, or severe pain
• Bone fracture: signs can include intense pain, swelling, or difficulty moving the affected limb
• Internal injuries: can be hard to detect, as they may not present obvious symptoms immediately after an accident. Signs to watch out for include pain in the abdomen, chest or neck, difficulty breathing, and dizziness or fainting (which could indicate internal bleeding). Visible signs may include deep bruising or wounds
• Psychological injuries: such as post-traumatic stress disorder (PTSD) can manifest following a particularly difficult experience, such as a motorcycle crash. Symptoms can include recurring, distressing memories or nightmares of the traumatic event, emotional numbness, difficulty sleeping, and irritability or angry outbursts

These symptoms can emerge immediately following a motorcycle accident, or they may develop over time. Some symptoms, particularly those of serious internal injuries or traumatic brain injuries, may not be immediately apparent. It is vital to seek immediate medical attention after a motorcycle accident, even if you do not initially feel seriously injured. A thorough medical evaluation can detect any serious injuries and underlying conditions, ensure you receive appropriate treatment, and provide vital documentation for any subsequent legal claims.

In the UK’s legal system, road and motorcycle accident injuries are typically classified into three categories based on severity:

1. Minor injuries: are injuries that result in minimal disability or disruption to everyday life. They typically require minimal medical treatment and have a good recovery prognosis, but are no less relevant in the claims process
2. Moderate injuries: can cause significant pain and may require more extensive medical treatment. They may cause some level of temporary disability or disruption to your daily life
3. Severe or catastrophic injuries: are life-altering injuries that can cause long-term or permanent disability. They typically require intensive medical care and rehabilitation, and they can have significant impacts on your quality of life and ability to earn a living. Examples of these types of injuries can include head injuries and paralysis

The classification of an injury will influence the amount of compensation awarded from a general damages perspective, with more serious injuries typically warranting higher compensation amounts. However, every case is unique, and the exact amount you could receive will depend on the individual circumstances of the claim.

Motorcycle accident personal injury claims can typically be made in a range of situations where you have been injured due to the fault of another party. These situations can include:

1. Accidents caused by other road users: if another motorist, such as a car driver or cyclist, acted negligently or recklessly and caused the accident, you may have grounds to make a claim against them. This could include instances of speeding, dangerous overtaking, failing to yield, or driving under the influence
2. Accidents caused by poor road conditions: if your accident was caused by a poorly maintained road – for example, due to potholes, oil spills, loose gravel or inadequate signage – you could make a claim against the authority responsible for maintaining the road
3. Accidents involving uninsured or untraceable drivers: if you have been injured in a hit-and-run accident or by an uninsured driver, you can make a claim through the Motor Insurers’ Bureau (MIB)
4. Accidents at work: if your accident happened while you were riding a motorcycle for work, and was caused by a fault with the vehicle or other negligence on behalf of your employer, you could make a claim against them
5. Accidents involving defective motorcycles: if your accident was caused by a defect in your motorcycle that was due to the manufacturer’s or servicing mechanic’s negligence, you could make a claim

In all of these cases, it is essential to prove that the other party was at fault and that your injuries were a direct result of the accident.

If it can be demonstrated that the authority responsible for maintaining the road – usually a Local Authority or Highways Agency – failed in its duty to maintain the road, then a claim can be made against them. Potholes, debris, or inadequate signage are examples of poor maintenance that can lead to serious motorcycle accidents.

These claims can be complex, as it needs to be shown that the authority was aware, or should have been aware, of the problem and had sufficient time to resolve it before the accident occurred. We have decades of experience in handling such claims and can provide expert guidance in this area.

In the UK, you generally have three years to make a personal injury claim. Ramsdens deals with any valid claim under a no win, no fee approach. As long as you bring your claim within the three-year time limit following your accident, you can make a no win, no fee motorcycle accident claim with us.

There are a few exceptions to the three-year time limit:

• If you are claiming on behalf of a child, or you were a child at the time of your accident, the claim can be brought any time before the child’s (or your) 21st birthday
• If you are claiming on behalf of someone who has lost mental capacity, you may not be subject to a time limit

The amount of compensation you may receive following a motorcycle accident varies greatly depending on the severity of your injuries, the impact on your life, and any financial losses you have incurred. These can include loss of earnings, medical expenses, costs for future care and support, and expenses for damage to your motorcycle. Compensation for pain, suffering, and loss of amenity is also factored into the total.

The exact sum can only be estimated once all these elements have been thoroughly assessed.

Find out more about how much your claim could be worth here – How much compensation can I claim for a personal injury?

Motorcycle accident compensation includes various elements designed to restore your financial position to what it would have been had the accident not occurred.

• General damages: aim to compensate you for the pain, suffering and loss of amenity you have experienced due to your accident. The amount depends on the severity of your injuries and their impact on your life, and is calculated based on recommendations given by the Judicial College Guidelines
• Special damages: cover out-of-pocket expenses directly associated with the accident. This may include costs such as medical treatment and rehabilitation, travel expenses to and from medical appointments, and any necessary modifications to your home or vehicle
• Loss of earnings: compensation can help if your injury has left you unable to work or has affected your future earning capacity. You can claim compensation for lost earnings during your recovery period, and projected future loss of income if your injury has left you unable to work
• Care and assistance: if you require support with day-to-day tasks such as cooking, cleaning or personal care, you may also claim for the cost of care, even if this has been provided by a family member

Please note that each case is unique and the specific elements that can be claimed for will depend on the individual circumstances of your accident. For an estimate of how much you may be able to claim, call our motorcycle accident experts today.

We offer a no win, no fee service for all of our personal injury claims, including motorcycle accident claims. This means you will not have to personally pay any legal fees if your claim is unsuccessful. If your claim is successful, a portion of your compensation will be deducted as a contribution towards our fees. This approach is designed to reduce your financial risk and make the process of seeking compensation as accessible as possible.

In most cases, the personal injury claim process follows a general structure:

1. Initial consultation: your solicitor will discuss the details of your case, the likelihood of success, and explain how the no win, no fee agreement works
2. Agreement: if your case is deemed to have a reasonable chance of success, you and your solicitor will enter into a no win, no fee agreement. This agreement outlines that you will not pay any legal fees if the claim is unsuccessful. If the claim is successful, your solicitor’s fees will be deducted from the compensation you receive
3. Evidence gathering: your solicitor will then build your case by gathering evidence. This may include medical reports that require you to undergo examinations, as well as witness statements, photos and financial records.
4. Negotiating: once we have built a strong case, we will approach the other party with your claim and attempt to negotiate your compensation amount with them
5. Court proceedings: while personal injury claims are rarely taken to Court, our solicitors are well-versed in presenting arguments and evidence in Court and will be able to represent you should this step become necessary
6. Outcome: if your claim is successful, you will receive your compensation. a percentage of your compensation will be taken to cover your legal fees, which will be agreed upon in advance. If the claim is unsuccessful, you pay no legal fees. Some solicitors may recommend taking out an insurance policy to cover any other potential costs associated with the claim

You may be eligible to receive interim compensation payments. This can be extremely helpful in cases where you have suffered significant injuries and are facing immediate financial difficulties, such as inability to work, ongoing medical treatment costs, or a need for urgent care or rehabilitation.

Interim payments are made at the discretion of the Court or the agreement of the party at fault, and typically occur when liability has been admitted but the final settlement amount is still being negotiated or awaiting Court approval. We understand the importance of interim payments in easing financial pressure during your recovery and will strive to secure them wherever possible.

During our initial consultation, we will aim to understand your condition and recommend support structures for your recovery during the claims process. Your condition may warrant early rehabilitation, and we can look to assist with this in accordance with the Rehabilitation Code and the requirement for an Initial Needs Assessment (INA).

However, the most important way in which we can help you is by claiming the compensation you are entitled to and helping you to understand the purpose of it. Your compensation will not only help you to cover any costs you have incurred due to your injuries; it can also help you to seek further support and adaptations that you may need, but which were previously out of your financial scope. These may include changes to your living situation, travel provisions and therapy for your physical or mental health.