Motorbike Accident Claims *
Motorbike accidents continue to increase on our roads and motorways. Riders, and sometimes other road users suffer serious injuries from these accidents. There are laws regulating such accidents, but in most cases, they can be confusing, especially when it comes to motorcycle accident claims. Motorcyclists need the best legal representation and support they can get to help them obtain maximum compensation and the perfect rehabilitation after the accident.
Claiming Compensation for a Motorbike Accident
In Ireland, and by expansion, in the UK, it is an offence to cause death or injuries by dangerous driving, to drive without due attention, or to drive while unfit due to drunkenness or drugs. These, among others, are offences that are normally dealt with by the relevant police bodies. Filing personal injury claims for motorbike accidents is different from vehicle accident personal injury claim and calls for a set of criteria to be fulfilled. If you are involved and injured in a motorcycle accident, you’ll need to establish that, first, you were owed a duty of care, and second, the responsible party breached that duty of care. This means that the responsible party, known in the claim process as the defendant, failed to adhere to the set standard of care, and was negligent.
Duty of Care
Road users, including motorbike riders, are expected to take reasonable care at all times when using roads to prevent accidents from happening. They should not do something that they feel is likely to cause injury to themselves, or someone else. In all road traffic accident claims, the duty of care that road users are owed is to drive with the utmost care and attention. Generally, the duty of care is owed not only to motorcycle riders but also to vehicle drivers and pedestrians.
Breaching the Duty of Care
In a motorbike accident claim, it must be demonstrated that the party that caused the claim, indeed breached the duty of care owed to them. It must also show that they did not practice the ordinary level of care and attention of a reasonable driver and were negligent. There are several ways through which someone can be proven negligent, depending on the circumstances of each unique claim. One of the most common ways to establish negligence is through relying on a breach of the Highway Code.
How to Make a Motorcycle Accident Claim
Provided a party can establish fault, the next step in an accident claim is to be compensated for injuries or damages. Motor vehicles and motorcycles are categorized as potential hazards on the roads, and drivers and riders are required by law to be covered by a liability insurance. This form of insurance is, in this case, specifically meant to pay for compensations sought by a given party in a motorcycle accident claim.
What is Included in Motorbike Accident Compensation Claim? – No Win No Fee * Explained
It is the duty of your motorcycle claim solicitor to lead your compensation claim process on your behalf. They negotiate with the other organisation’s insurance company for an amicable settlement by calculating physical, financial, and psychological damages caused by the accident. Usually, the amount to be paid up as compensation depends on the severity and the type of the injury sustained, recovery period, and its effects on both your life and that of your loved ones. In a motorbike accident personal injury claim, two types of damages are involved: General damages Under general damages, you’re compensated for your pain and suffering due to injuries and loss of amenity. The latter is the effect of the injury on your ability or inability to do daily tasks you took for granted.
Special damages include lost income and a range of expenses incurred following the motorcycle accident. What it means is that the compensation you are likely to get will be unique to your claim. There is no outright way to know the accurate compensation figure expected until after receipt of all your medical reports and the conclusion of negotiations between your solicitor and the insurance company. Special damages may include expenses such as:
- Loss of income due to your injury, including all future lost earnings in case you cannot return to work, or there is a need to readjust your working hours.
- Expenses involving travel, medical prescriptions, gear replacement, changes to modes of transport, or relocation.
- Loss of leisure time activities. For example, if injuries sustained cause you to quit a sport you used to play, or any other hobby.
- Any cost of specialist treatment not catered to via the HSE.
Your compensation can also include the costs and expenses incurred by your loved ones as a result of your injury. If, for example, your partner or family member took their time to care for you, they should be considered in the negotiations for compensation.
Gary Matthews Solicitors
Medical negligence solicitors, Dublin