Motorcycle Accident Personal Injury Claim

Common injuries sustained in a motorcycle accident

Motorcycle accidents can lead to a range of injuries, ranging from minor to severe, and in some cases, even fatal. Head injuries are a common injury, with traumatic brain injuries (TBIs) being a significant concern. Even riders wearing helmets may experience concussions or more severe brain damage upon impact. Neck and spinal cord injuries are also prevalent, including whiplash and spinal fractures, which can result in paralysis or loss of motor function.

Fractures and dislocations are frequent in motorcycle accidents, affecting limbs, hands, feet, and joints. Road rash, caused by the friction between the skin and the road, can lead to painful abrasions and lacerations. Soft tissue injuries, such as contusions, sprains, and strains, are common and can result from the impact or the body’s interaction with the motorcycle and the road.

Internal injuries are another serious concern, affecting organs like the liver, spleen, and lungs due to the force of the impact. Burns may occur if the motorcycle catches fire, and facial injuries, including fractures and damage to the eyes or jaw, are not uncommon.

Psychological injuries, such as post-traumatic stress disorder (PTSD), can emerge from the emotional trauma of the accident. In severe cases, amputations may be necessary due to the extent of injuries sustained.

How to Avoid Injury on a Motorcycle

If you are unfortunate enough to be involved in a motorcycle accident, there are some things you can do to reduce your risk of injury in an accident. Wearing the correct protective clothing can make a world of difference if you are involved in a motorcycle accident.

Safety helmet

Your first priority should be an approved safety helmet which fits your head properly. If the helmet takes a knock or becomes damaged make sure you replace it with a new one and replace your visor if it becomes scratched.

You should never wear a tinted visor or goggles if you are driving in the dark and you may find that a brightly coloured or white safety helmet helps you to be seen.

Safety Clothing

CE marked clothing is designed to protect you as much as possible if you fall from your motorcycle or become involved in a motorcycle accident. You should purchase a jacket, trousers and a pair of boots which are reflective in the dark and fluorescent during the day.

I have Been Injured in a Motorcycle Accident – What Should I do?

Immediately following a motorcycle accident, prioritise your safety and seek medical attention, even if injuries seem minor, as some may not be immediately apparent.

Report the accident to the police, especially if it involves injuries or significant damage.

Gather evidence at the scene if possible, such as photographs, witness contact details, and the other party’s insurance information. Inform your insurance company about the accident, but avoid making any admissions of fault until you have sought legal advice.

If another driver was to blame for the accident, you should contact a specialist solicitor, such as Beacon Law, to discuss making a claim for a motorbike accident on a no win, no fee basis.

Motorcycle Accident Personal Injury Claim Process

The first step in making a motorcycle accident injury claim is to get in touch with a specialist firm of motorcycle accident solicitors, such as Beacon Law to discuss your potential case in detail.

If we believe your case has sufficient prospects of success, we will offer to take on your case on a no win, no fee basis. This means you will not be required to pay our fees if your case is unsuccessful.

At this point, we will send you some paperwork to fill in and return to us confirming that you agree to our fees and terms. This will also provide you with the opportunity to confirm all details of your accident.

You may be required to send us some photographs and/or medical evidence to support your case. Once we have everything we need from you, we will submit your claim to the defendant and provide them with some time to respond.

The next steps will depend on whether the defendant accepts or denies liability for your accident. If they accept liability, we can proceed to negotiate a settlement based on your injuries and additional losses.

It is likely that you will also be required to attend a medical assessment with an independent expert who can provide a prognosis on your injuries.

To find out more about making a personal injury claim, take a look at the claims process section on our website.

I’m Not Sure Who Is to Blame For My Motorcycle Accident

To be successful in motorcycle accident claims, it is important to establish that the other party was at fault and that they were to blame for your accident.

Understanding who was at fault during an accident can be difficult, especially if the other party is refusing to accept liability for the accident. If you have had an accident and you are unsure as to who is to blame, Beacon Law will be able to discuss this with you.

Please provide us with all the details of the accident, including any photographs or witness statements obtained, and we will be able to advise you on your prospects of success.

In some cases, both parties may be partially to blame for an accident. In these cases, liability will be split and you may still be able to claim compensation; however, the level of compensation awarded will be lower depending on the percentage of the blame afforded to each party to the claim.

I Have been Hit By an Uninsured or Untraceable Driver – What Should I Do?

If you have been injured in a motorcycle accident which involved an uninsured driver, or a hit and run driver, you may still be able to make a claim. The process for this will be slightly different as these types of claims will usually be processed through the Motor Insurance Bureau (MIB). For more information on these types of claims, have a look at this section on our website.

What Can be Recovered in a Motorcycle Accident Personal Injury Claim?

Compensation for a motorcycle accident are split into two types of claim – general damages and special damages.

General damages refer to the compensation awarded for pain, suffering, and loss of amenity due to your injuries.

Special damages refer to any additional losses. These losses can include damage to your vehicle, loss of earnings, medical costs, travel expenses, as well as compensation for additional care required at home as a result of your injuries.

You should ensure that you keep all receipts and invoices for your additional losses as these will be required to prove your loss.

The amount of compensation awarded due to a personal injury claim will depend on the severity of your injuries. Lower levels of compensation will be awarded for non-serious injuries which do not last for a long period of time.

The most serious injuries which are permanent, or last for a very long time will receive maximum compensation. As many injuries are complex, especially those which are ongoing, it may be necessary to obtain a medical evaluation of your injuries before we can make an estimation on the value of your injuries.

There are many law firms providing compensation calculators online; however, these may not always be accurate and may give unrealistic expectations as to how much a person’s claim is worth. Each claim is different and the level of compensation awarded will vary based on many different factors.

When valuing your injuries, we use recent case law, as well as guidelines set out by the Judicial College. We will then negotiate a settlement with the other side to ensure you receive as much compensation as possible.

In some circumstances, an interim payment for part of your damages may be requested by your solicitor before your case has been concluded. The defendant will usually agree to an interim payment if they have accepted liability for your accident.

Time Limits for Making a Motorcycle Accident Personal Injury Claim

As with all personal injury claims, motorcycle accident claims will become statute barred if a claim is not brought to the Court’s attention within three years of the accident date. If the claimant was under the age of 18, they will have until their 21st birthday to make a claim to the Court.

The time limits may be extended in very specific circumstances; however, this is very rare. For this reason, we would recommend that you initiate your motorcycle accident personal injury claim as soon as possible to avoid your claim becoming statute barred.

Why Choose Beacon Law to Assist With Your Motorcycle Accident Claims?

Beacon Law are a specialist firm of personal injury solicitors with lots of experience in dealing with Road Traffic and Motorcycle Accident Claims. We can provide you with specialist legal advice on making a motorcycle accident claim and guide you through the process, whilst negotiating the best settlement of your claim.

We provide a high level of service to all our clients and work hard to ensure you receive the highest level of compensation for your injuries and damage to your vehicle.

Beacon Law is authorised and regulated by the Solicitors Regulation Authority. To find out about our no win, no fee motorcycle accident claim funding and legal fees, have a look at the funding section on our website. All other information can be found on our frequently asked questions section.

If you have suffered an injury as a result of a motorcycle accident due to the negligence of another driver, then please call our accident solicitors today on 0330 1332 857 to start your claim, or complete our contact form at the top of the page to start your claim online and a member of our personal injury team will give you a call back.