Motorcycle accident compensation claims

Our motorcycle accident claims expertise means that we can help seriously injured clients secure compensation where they are:

• a motorbike rider making a claim against another driver;
• a pillion passenger making a claim against another driver;
• pillion passenger making a claim against the rider/driver of the motorbike on which they were riding pillion (including where the rider is a friend or family member);
• a motorcyclist or pillion passenger making a claim against the highway authority or other organisation for an accident caused by an unsafe road surface, unlit/unsigned roadworks etc;
• a motorbike or moped rider or pillion passenger injured in a road accident abroad;
• a pedestrian, cyclist or driver or passenger of another vehicle that was hit by motorcycle.

Road accidents involving motorcyclists and pillion passengers are often complex as they can have a combination of different causes, including the behaviour of drivers and riders, and the road conditions. Where someone suffers severe injury or permanent disability, even where their own or their fellow rider’s actions contributed to the accident, they should seek advice immediately from specialist solicitors, to have the best chance of recovering compensation. 

Motorcycle accident injury claims usually arise after one or more of the following mistakes has occurred.

• In claims for motorcyclist or their passenger against another driver, where the driver:
  • failed to look before pulling out into path of the motorbike;
  • turned, overtook or reversed into the path of the motorcycle;
  • lost control of their vehicle;
  • ‘tailgated’ or drove too close;
  • failed to stay on their own side of the road;
  • failed to stop;
  • disobeyed a road sign or jumped the traffic lights;
  • was driving under the influence of alcohol or drugs;
  • was speeding or driving too fast for the road conditions;
  • was driving an unroadworthy or unlit vehicle;
  • caused the injury in a ‘hit and run’.
• Claims by an injured pillion passenger against the driver of the motorbike who:
  • was speeding or driving too fast for the road conditions;
  • was ‘tailgating’ or driving too close;
  • failed to stop at a junction;
  • was overtaking dangerously;
  • lost control of the motorbike;
  • collided with another vehicle;
  • hit a stationary object;
  • pulled out or turned into path of another vehicle;
  • jumped the traffic lights or disobeyed road signs;
  • failed to slow down for an obstruction;
  • was ‘middle of the road cruising’;
  • failed to stay on their own side of the road;
  • was riding an unroadworthy or unlit motorcycle;
  • was driving under the influence of alcohol or drugs.
• Claims for an injured motorcyclist or pillion passenger against the highway authority or others:
  • failing to maintain safe road surface/conditions;
  • failing to place cones, lights, warning signs on ramps, roadworks, skips and other obstacles.

Motorcyclists are amongst the most vulnerable road users. Their lack of airbags, seatbelts and other impact protection, and the speeds at which they can travel, leave them at much higher risk of severe injury in an accident.

We can recover compensation for clients after their involvement in motorcycle accidents have led to:

• fatal injury;
• head injury, brain injury or skull fractures;
• amputation;
• spinal fractures;
• spinal cord injury, paralysis, paraplegia/tetraplegia;
• major trauma or multiple injury;
• serious orthopaedic injuries – broken bones;
• degloving injuries (injuries needing skin grafting);
• musculoskeletal injuries;
• internal injuries involving damage to major organs (brain, heart, lungs or liver);
• facial fractures;
• psychological injury, PTSD;
• chronic pain and CRPS.

Each client’s compensation claim reflects their individual circumstances. This includes the type and severity of their injury and disability, the costs of meeting their reasonable needs arising from their disability, and their financial loss, from the date of the accident into the future. In addition to these costs, early rehabilitation may be funded directly by the defendant’s insurers, through the Rehabilitation Code.

Depending on the injured person’s injury and circumstances, their claim may include compensation for:

• pain, suffering and disability;
• costs of rehabilitation;
• costs of case management;
• costs of care and assistance;
• lost earnings and pension; 
• additional costs of suitable accommodation or home adaptations;
• prosthetics (artificial limbs following amputation);
• extra costs of transport or adapted vehicles;
• specialist equipment;
• assistive technology;
• cost of therapies, such as:
  • occupational therapy (OT);
  • physiotherapy;
  • speech and language therapy;
  • psychological treatment and counselling;
• costs of private medical or surgical treatment;
• Court of Protection and deputyship costs;
• other losses and reasonable expenses arising from the injury;
• funeral costs, bereavement award and loss of dependency (where the accident caused fatal injury).

The fact that the injured person contributed in some way to the accident or injury does not usually prevent them from bringing a claim. In each case, we investigate liability (who was at fault for the accident) based on factual evidence, such as police reports, witness evidence and expert evidence, so that we can prove that the defendant is liable to compensate our client. The defendant’s insurers and legal team do the same, and may deny that their client was to blame for the accident or, more often, argue for a discount (percentage reduction) to the compensation on the basis that our client was partly to blame for their own injuries. This is known as contributory negligence.

In a claim for a motorcyclist, contributory negligence might relate to failing to wear a helmet, driving too close or overtaking. We always fight unreasonable allegations of contributory negligence if the action (for example, failing to wear a helmet in a claim for a leg injury) made no difference to our client’s claim.

In rare cases, where there is arguably split liability for an accident, the injured person’s actions might prevent them from succeeding with their claim. These might include where they were racing with the defendant, or where they knew that the rider of the vehicle on which they were riding was under the influence of alcohol or drugs. Where someone has been severely injured in an accident, we always advise that you speak to our compassionate and experienced lawyers before ruling out the possibility of making a claim. Our serious injury lawyers have an impressive track record of successfully securing compensation for severely injured clients in the most difficult and complex of cases.

When a pillion passenger suffers a life-changing injury in an accident caused by the driver of the motorbike they were riding on, compensation may be the lifeline to securing rehabilitation and meeting other needs that are essential to their recovery.  Even so, we understand that in situations where the accident involved friends or family, making a decision to claim is far from easy. We see this most often when passengers are injured by the negligent driving of a vehicle by friends or members of their family.

In these situations, it helps to talk things through with our understanding and experienced lawyers. We can often see a way through and reassure our clients that the other party’s response to the claim will be handled, and any liability to pay compensation met, by the driver’s insurers.