Do you need to find out more about motorcycle accident claims after being injured? Did you collide with another road user after their reckless or negligent behaviour on the roads, resulting in causing you harm? Or perhaps you are an injured pedestrian? This guide can offer you the information and resources to help start a motorcycle personal injury claim easily.
You may be aware of the relatively recent Whiplash Reform Programme which has altered the way low-value injuries can be claimed for. However, did you know that as a motorcycle rider, (along with cyclists and pedestrians) these new restrictions do not apply to you?
Speak to our team via the contact details below to see how motorcycle accident claims can still be fully valued for you:
- Call our advisors for a free initial consultation
- Request a callback or contact us online
- Use the ‘live support’ option
Select A Section
- Causes Of Motorcycle Accidents
- Who Is Eligible To Make Motorcycle Accident Claims?
- What Injuries Could You Claim For?
- Motorcycle Crash Claim Limitation Periods
- Motorcycle Accident Claims Calculator
- Get Help With Motorcycle Accident Claims
Although motorcycle riders can have a greater level of protection than pedestrians (for example), they are still vulnerable compared to vehicles. In the recent changes to the Highway Code, vehicles that can cause more damage than motorcycles, such as cars, vans, lorries, and other large vehicles need to allow greater provision for their safety.
Despite this, motorcycle riders can experience road traffic accidents. Some causes of motorcycle accidents can be:
- Failure of motorists to see them properly (or look for them)
- ‘Nudging’ accidents at lights and junctions when a larger vehicle pushes the motorcyclist
- A tendency for some motorists to dominate the road and not consider the motorcycle rider’s presence properly when changing lanes or overtaking
- A pedestrian moving out in front of motorcyclists at junctions or crossings
- Accidents caused by the motorcyclists themselves such as speeding or ‘lane splitting’
- Poor weather or road surface conditions
The Highway Code gives detailed guidance about correct conduct on British roads for all road users. A guide for motorcyclists can be read here. A core requirement is that all road users are able to display a level of competency as would be expected by the average road user. Therefore, if a road user falls below this standard and you are injured as a consequence, motorcycle accident claims may be eligible. Speak to us about claiming after a road traffic accident.
Motorbike Crash Statistics
The Department for Transport has a motorcycle factsheet on reported road casualties in Great Britain in 2020. Statistics show that:
- In 2020, 285 motorcyclists died on the roads
- 4,429 were seriously injured
- 8,890 were slightly injured
- 66% of motorcycle fatalities occurred on rural roads
- 92% of motorcycle killed or seriously injured (KSI) casualties were male
- The most common contributory factor to motorcyclists in fatal or serious accidents with another road user was ‘driver or rider failed to look properly’
It’s important to note that any motorcyclist who can prove they were injured by another road user can be eligible to start motorcycle accident claims for damages. Furthermore, any pedestrian or other road user who is injured by a motorcyclist can be eligible to claim as well.
Evidence is essential to prove the other party was at fault, so with this in mind, it can be helpful to gather together as much of the following as you can:
- CCTV or dashcam footage
- Contact details of witnesses who would be willing to supply a statement
- Photographic evidence of the scene or your injuries
- Medical documentation that supports your claim of injury and its causes
- Police reports
- Evidence of damage to your bike or equipment
Could I Claim For Another Person?
Acting as a ‘litigation friend’, it can be possible to claim for someone under the age of 18 or a person who lacks the mental capacity to make their own personal injury claim. Litigation friends assume all the relevant duties and act in the best interests of the claimant throughout the proceedings.
Motorcycle accident claims can be made for a wide range of injuries. The speeds that some motorcycles can travel at can mean that accidents have the potential to cause multiple and severe injuries. The list below gives an idea of potential motorcycle injuries starting at minor and going through to the most severe:
- Bruises or ‘road rash’ (skin damage caused by abrasive contact with the tarmac)
- Cuts and lacerations
- Fractures or soft tissue damage
- Concussion or fractured skull
- Spinal or pelvic damage
- Internal injury
- Head injury and trauma
- Traumatic amputation
- Coma and death
Injuries such as these can impact the rider, any pillion passenger, or another road user such as a pedestrian.
Motorcycle accident claims, just like any other personal injury claims, are subject to time limits as laid out in the Limitation Act 1980. This enables a claim to be brought promptly whilst still allowing all concerned parties enough time to organise their case fully. The normal time limit is three years from either:
- The date of the accident/injury
- The date you gained knowledge that negligence at least contributed to the injury
Therefore, it’s important to start motorcycle accident claims as soon as you feel ready to do so. Speak to our team if you are thinking of starting a claim and have concerns about time limits.
To calculate what compensation you could seek, firstly you can attend a medical assessment with an impartial medical professional as part of the claims process. They’d provide a report of injury. A personal injury solicitor can help arrange this appointment for you.
The findings of your report can be compared with injuries listed in a publication called the Judicial College Guidelines as a way of assessing the impact of pain and suffering. The figures in the compensation table below are from the Guidelines and, although not intended to be guaranteed, they do provide a starting point for assessing ‘general damage’ amounts. General damages compensate you for the physical or mental suffering you endure.
|Body Part||Degree of Severity||Potential Compensation||Supporting Notes|
|Brain Damage||(c) Moderate (ii)||£85,150 to £140,870||Cases of intellectual deficit after head injury.|
|Neck||(a) Severe (i)||In the region of|
|Partial paraplegia and permanent loss of movement that fails to improve with treatment.|
|Back||(a) Severe (iii)||£36,390 to £65,440||Fractures and soft tissue injuries that lead to chronic discomfort, severe pain.|
|Pelvis||(b) Moderate (ii)||£11,820 to £24,950||The level of injury that may necessitate hip replacement surgery.|
|Burns/Scarring||(a) Very Severe Scarring||£27,940 to £91,350||Awards given to younger people who bear psychological damage.|
|Severe Leg Injuries||(b) Very Serious (ii)||£51,460 to £85,600||Injuries that cause permanent mobility problems or multiple fractures that take years to heal.|
|Knee||(a) Severe (ii)||£48,920 to £65,440||Fractures that extend into the knee causing constant pain and limiting movement.|
|Ankle||(c) Moderate||£12,900 to £24,950||Fractures and ligament tears that cause trouble walking.|
|Foot||(c) Very Severe||£78,800 to £102,890||Cases of permanent and severe disability, pain and risk of amputation.|
|Trauma||(a) Severe||£51,460 to £108,620||Acute issues that may arise after being involved in a serious collision.|
As well as general damages, it’s possible to calculate a second amount of financial losses caused to you by the injury. Special damages compensate you for the financial losses associated with your injuries. Therefore, you could be in a position to prove:
- A loss in earnings
- Damage to your pension or work attendance bonus
- That you needed to pay for domestic help at home while you recovered
- Incurred travel expenses to get to the hospital
- You had to make adaptations to your home or vehicle
Furthermore, some expenses can stretch into the weeks and months ahead, such as physiotherapy or scar treatments. As it is possible to claim only once, now is the time to calculate and include these amounts as well. Speak to our team for more advice or use the compensation calculator we offer.
They require no payment as the case progresses. Cases that are not successful do not require payment of a fee to your No Win No Fee solicitor. If the claim wins, you’d pay a success fee to the solicitor. It’s important to note, though, that success fees are capped by law. This means that you receive the bulk of your compensation. Start today by:
- Calling our advisors for a free initial consultation
- Requesting a callback or contact us online
- Using the ‘live support’ option
Where To Read More About Motorcycle Accident Claims
- Details on road traffic statistics
- As well as help on paying for self-care costs from the NHS
- In conclusion, Government advice for motorcycle riders
We also have other guides relating to personal injury:
- A guide to road traffic accident claims
- Working with cycling accident solicitors
- How to claim compensation after an accident on public transport
- Learn how to make a bus accident claim
- Car park accident claims
- What to do if you’re involved in a public transport accident
Written by ARM
Published by VIC