Motorcycle Accident Claims

Open since 1988, we fight on a ‘no win, no fee*’ basis for those who have been injured through no fault of their own. Contact our experienced & caring team for a free, no-obligation assessment of your case.

No Win No Fee* Motorcycle Accident Claims

Being involved in a motorcycle accident can have a major impact on your life. Apart from the injuries sustained, there can be ongoing physical, psychological or physiological consequences which can cause longer-term problems. These consequences may limit your ability to work, which could have far-reaching implications for both you and your family. Smith Jones Solicitors are motorcycle accident claim experts & we have over a 90% win rate. Furthermore, Smith Jones has over 30 years’ experience in dealing with motorbike accident claims, so, we understand how disruptive an accident can be and how best to handle them.

When you speak with us, you’ll be speaking with an experienced solicitor who is ready with the right advice & the help you’ll need. We are on hand 24/7 to help you with the access to support, rehabilitation and to help you win the maximum motorcycle accident compensation that you may be entitled to. Contact us today for a free, no-obligation assessment of your case.

No Obligation

Free Consultation

Frequently Asked Questions

Making A Motorcycle Accident Claim

What to Do If You've Been in a Motorcycle Accident

Although most motorcyclists take all of the essential precautions, such as wearing a safety helmet and protective gear, sometimes there is nothing you can do to prevent an accident that is someone else’s fault. Smith Jones is dedicated to helping motorcyclists, their passengers and families to cope with the ongoing consequences of a road accident that was not their fault.

 

If you are unlucky enough to have an accident on the road, there are several steps that you should take, should your injuries permit you:

  1. Get assistance. Call an ambulance if you or any other person is injured in the accident. You should also telephone the police who will supply you with an incident number to use as evidence in your claim.
  2. Take down the key details including the registration number and details of the other vehicles involved. Get the name, address and insurance details of any passengers and drivers who have been involved in the accident and also obtain contact information for any witnesses to the incident.
  3. Note down the weather, visibility and road conditions at the time the accident occurred. If you have a phone camera, take photographs of the damage incurred, the vehicles involved and the surrounding area as evidence
  4. Call your insurance company and let them know about the accident.
  5. Obtain legal advice from a highly qualified and experienced professional team like Smith Jones.
Making A Motorcycle Accident Claim and Aftercare

With more than 30 years of experience in assisting clients who have been injured, we understand how disruptive motorbike accidents and their consequences can be for both you and your family. Our professional team are well prepared to handle your claim effectively and sensitively. Whether you need physiotherapy to restore movement and muscle strength following the accident or need psychological therapies to overcome any anxiety or depression; we can work with medical experts to arrange the rehabilitation services that you need to get your life back to normal.

 

Additionally, should you need to take some time off work as a result of your accident, our skilled solicitors can help you to make a claim in respect of your loss of income. If you have had out of pocket expenses due to your accident, for example in respect of prescription costs or travel expenses, we can help you to reclaim these sums too. If you think you can make a claim for an accident that was not your fault, call our road traffic accident claims team on 0800 195 9590 for further information. Alternatively, feel free to submit an online enquiry, and we can call you back in order to discuss the options available to you. We are here every day, 24 hours a day, and will handle your claim sensitively and professionally to help you to get the result you deserve.

How Long Does A Motorcycle Accident Claim Take?

All cases are different and the time it takes to finalise your claim will depend on many factors such as the extent of your injuries. For example, in lower value claims, a client would most likely be compensated within a shorter timescale. However, in more serious and complex cases worth over £25,000, it could take substantially longer – especially if liability is denied.

 

Many motorcycle accident claims are settled by the insurance companies. Smith Jones have over 30 years’ experience dealing with motorbike insurers and fighting for the maximum compensation for our clients. This sometimes means rejecting the insurers first offer if we do not feel it is adequate, proceeding with the claim until we can secure the compensation figure that our clients deserve.

 

At all stages of the process, our team will keep you informed of our progress and we will work together to ensure you are properly compensated for the injuries sustained in a motorcycle accident.

Uninsured Drivers / Accident Was Partly Your Fault

If you are unlucky enough to be involved in an accident with an uninsured motorist, you can still make a claim for compensation through the Motor Insurers Bureau. Obtaining legal advice is essential to getting the help you need to navigate this process. Additionally, if you were partly at fault for the accident, obtaining legal advice is still advisable since you may still be eligible to make a claim

What Does Your Payout Cover?

Injured bikers who have been involved in an incident that was not their fault for any reason, can claim compensation in respect of their injuries and the ongoing affect that they may have on their life. Some of the claims that can be made include compensation for an injury resulting from:

 

  • Poorly maintained, defective and potholed road surfaces
  • Spillages of fuel or oil on the road
  • Hit and run incidents
  • Accidents involving uninsured drivers
  • Defective motorcycles
  • Defective safety clothing such as faulty helmets

 

Being involved in a motorcycle accident can have a life-changing consequence, and any compensation award or settlement will take into account the following:

 

  • How severe the injuries are
  • The medical treatment received
  • The cost of care
  • The anticipated costs of future care and treatment
  • Any reduction or loss of physical or mental capacity
  • General suffering and pain
  • Any lost earnings during the period of recovery
  • Any anticipated loss of future earnings should the injury be severe enough to prevent a return to the workplace
  • Damage incurred to the motorcycle and safety equipment
  • Mental or emotional problems suffered as a result of the accident including for PTSD, anxiety or depression as a result of the injuries incurred
  • Any other expenses incurred such as damage to property and travel costs

 

Awards will be set out according to the Judicial College guidelines drawn up in respect of personal injury claims. These guidelines are not only used by the courts, but they are also used by an insurer when they propose a settlement.

Common Motorbike Accident Compensation Claims

Motorcycle accidents occur regularly on UK roads, and in most cases, the consequences for the biker are severe. Due to the lack of physical protection which a car can provide, bikers are vulnerable to much more serious injuries than motorists. When involved in a collision with a car, it is highly likely that the motorcyclist will come off worst. No two incidents will ever be identical, however, there are some types which occur more frequently than others:

 

  • Crashes at junctions – although motorcyclists often have an acute awareness of their surroundings and the other drivers around them while on the road, many other road users are not so skilled. Most accidents involving motorcyclists are caused by the negligence of another motorist, often when the driver fails to spot the motorbike and its rider. This most frequently occurs at junctions and side roads.
  • Stationary accidents – many motorcyclists are hit from the rear by approaching traffic. The severity of this can range from a minor bump right up to a life-threatening. Sometimes, motorcyclists are rear-ended by an over-eager motorist at traffic lights or at a pedestrian crossing, and sometimes the driver will not have seen the motorcyclist at all.
  • Loss of control – this often occurs when the motorcyclist loses control of their bike, often on a bend. It may also occur due to oil or fuel spillages, roadworks, road markings which have been affected by the weather, or loose objects on the road. Just because another motorist is not involved with this type of incident does not mean that it is the motorcyclist’s fault.
  • Opening doors – often this will occur on a busy urban road with cars parked on the street. Often, motorcyclists riding on these roads will be hit by a car door opening. Although sometimes these accidents can be minor, they can be much more serious and are not the fault of the biker.

 

There are many other kinds of road accident which may involve motorcyclists. For any incident which was not the fault of the biker, motorbike accident compensation claims can still be made in respect of compensation.

Defective Motorcycle Safety Gear Or Part Failure

Chances are if you have a motorcycle and have found that either a part on your bike is defective, or some of your safety gear is not performing as it should, it is likely that the parts and products could have faced a recall. If this happens, the owner of the product is called upon to return the product to the manufacturer for a refund or a replacement.

Depending on whether there has been a valid recall, getting into an accident and claiming for defective motorcycle safety gear or failure within any part of the motorcycle might be limited. It is the responsibility of the consumer to ensure that when a product recall happens if they are duly notified at the address they listed on the warranty for the product, they must follow the manufacturer’s instructions and return the part that is labelled defective. If the part is known to be defective and not returned, then it would be more difficult for any person to claim for same.

Defective Parts and Safety

If you are driving a motorcycle and have an accident which is a result of a part that becomes defective, it is essentially a breach of consumer protection and consumer rights extend to be compensated for any losses which occur due to the defective part. If no notice was ever given to the consumer that the part was known to be defective, wherein the consumer kept using the motorcycle or safety gear as it was intended to be used, the manufacturer and potentially the seller of the product could be liable. If there had been a recall of a safety product which a retailer continued to sell after the recall had been put in place, then they would be liable to cover expenses that accrued from any loss to the consumer by the part becoming defective.

If the defective part is one of the parts on the motorcycle and it makes the whole machine inoperable, the claim might be for a replacement bike as well. An example of this would be a faulty head gasket that by default blew up the engine and made the motorcycle inoperable. Losses can far extend beyond that of the part or equipment itself. Another example is in helmets or other forms of safety gear. There is a lot of reliance that is put on the efficacy of any motorcycle helmet or safety gear that is sold for safety use – and if it does not hold up to the level of safety that it reports to, and results in personal injury. If you feel that equipment failure was in some was responsible for an accident, Smith Jones Solicitors we are here to assist you with any potential claim you may have.

The main determinant of whether a person is liable for the failure of any motorcycle safety gear or part is if they are aware of a recall or not and if the recall was known by the public. It is not enough to simply recall a product if the manufacturer does not take steps to make the consumers aware of the recall. The onus then on the consumer to have followed through with returning the faulty product and not using it is greatly decreased.

If a recall has not been announced, then the manufacturer will always hold liability for the product’s ability to operate properly and if any product is found to be defective, the consumer is able to claim for compensation. There is no set amount for what a manufacturer or retailer might be liable to pay a consumer under such a circumstance, so the need to take advice from a qualified solicitor specialising in personal injury claims is highly recommended.

Losses which arise from defective equipment, whether it is a motorcycle part or a piece of safety gear, is not limited to the value of the part itself and would also include any loss that arose from the defect coming out, including long-term physical injury or scars.

Motorbike Injury Rehabilitation

Since there are no airbags or a protective chassis on a motorcycle, when an accident occurs, the rider can face a large range of problems that are more severe then they would be if the vehicle being driven was a car or other 4 wheeled alternatives. When you consider that there is also no seat belt on a motorcycle, it is easy to understand how much more damaging an accident can be for a motorcycle rider. Included among the range of injuries likely to occur from a motorcycle accident are:

  • Spinal Injuries
  • Broken bones
  • Fractured Bones
  • Brain Injuries and Head injuries
  • Muscle and tissue damage
  • Deep cuts and burns to skin
  • Psychological problems such as post-traumatic stress disorder, mood swings, breathing difficulties and fearfulness.
Rehabilitating from a Motorbike Injury

Whenever an accident occurs that involves a motorcycle, the rider will have a far greater chance of being hurt than the driver of the opposite vehicle simply because they are so exposed to the damage. The need for physical rehabilitation for a motorbike injury is important for two main reasons. The rider will be able to gain their health back faster through the introduction of ongoing rehabilitation, the extent of which is determined by the severity of their injuries. That does not mean all injuries can be healed; sometimes the best that can be accomplished through rehabilitation is gaining the best range of movement available under the circumstances, which can be far from what the rider had prior to the accident.

This brings the second factor in to play; when a rider is not able to fully heal after rehabilitation due to a motorcycle accident, they will need to show in medical terms what damage has been created. The medical professionals which run rehabilitation services are therefore crucial for showing what level of damage occurred and the long-term effects of this damage. At Smith Jones Solicitors we understand that this information is central to any claim which arises from a motorcycle accident.

It is important to note that in up to 80% of the motorcycle accidents which happen on the UK roads annually, the other vehicle is at fault and not the rider of the motorcycle. This disproportionate blame brings rise to many valid personal injury claims on the part of the innocent motorcycle rider.

Costs relating to rehabilitation can be covered by any claim, so it should not be a primary concern when seeking out help after an accident. However, it is advisable to first talk to the insurance company of the person at fault to gain consent for rehabilitation. Once the insured person admits to or is found to be at fault, this will be agreed quickly. Medical professionals recommend starting with rehabilitation at the earliest possible point, for the best chance of recuperation. Among the type of recommendations that will be made to the injured party during rehabilitation include the ongoing care for the individual as well as any alterations that would need to be made at their home to accommodate their injury. This could range from the installation of a lift or chair elevator to a ground floor bedroom and bathroom extension. If the injured party must be in a wheelchair, either temporarily or permanently, accommodations to the home such as a ramp or door widening might also be required. If the injured person faces the loss of a limb, a prosthetic limb can be determined to be a requirement by rehabilitation professionals.

Motorbike Accident Statistics

The UK has several motorcycle accidents every week of varying seriousness; in fact, the Department of Transport has noted that every week in the UK there are 6 deaths and 93 accidents, that involve motorcycles.

Motorcyclists account for a vulnerable road user group – with other types of cycles including pedal cyclists, pedestrians and horse riders included. This is due to the fact that the rider is not protected by the body of any vehicle like a car user is and are quite hard to see on the road. The highest accident rates for any road user group in the UK belong to motorcycle riders.

Motorcycle Accidents in the UK

By far, men account for the highest proportion of accidents on motorcycles with 84% of all claims being related to male drivers. This high proportional difference in gender is even more pronounced when considering the number of deaths which occur, with 92% of all motorcycle-related deaths being a male victim.

Motorbike Accident Statistics

The number of casualties from motorcycle accidents which were killed or seriously injured by age in the UK (2015) is noted in the graph.

Road Types

There are vast differences between the type of roads and road surfaces across the UK, with rural roads being notoriously worse than urban roads. In terms of motorcycle accidents, the number of accidents which occur on rural roads accounts for 40% of the entire number of accidents, although it accounts for a disproportionate 68% of the deaths which occur relating to the accidents. This means that other aspects than the rider hold accountability in many road accidents, such as the surface and potholes, poor lighting or not being as wide as necessary to accommodate flowing traffic.

Worst years for Motorcycle Accidents

Since the inception of having motorcycles on the UK roads in 1927, there has been a marked decrease in the number of accidents which have occurred. The highest recorded annual number of motorcycle accidents took place in 1930 with 1,832 road fatalities. The lowest recorded year since that date was in 2012 with 328 deaths. As far as road injuries are concerned, the worst years since motorcycles were introduced were in the 1980s with up to 20,000 injuries per year in the UK.

The distance which all motorcycle riders undertake on an annual basis in the UK is quite considerable, with the highest years coming in during the 1960s at over 6 billion road miles annually. By 2013, motorcycles accounted for a mere 1% of the total vehicles on the roads, but 19% of the total fatalities. This makes it clear that operating a motorcycle as well as being on a road where one is operated, either as a pedestrian or a driver of another type of vehicle, can be a dangerous occurrence with a fair potential of accidents.

Of the entire volume of accidents, there is a majority which falls in the 25 years old or younger rider range. 33% of all motorcycle accidents fall into riders under the age of 25. The only good news on that front is that riders aged 25 or younger have shown a tendency to choose less powerful motorcycles than their older counterparts.  Another spike in accidents occurs for the 41 to 50-year-old age group.

Most of the accidents which occur relating to motorcycles relate to collisions with cars and is one of the reasons why the rate of injuries is so high (there can be multiple passengers in each vehicle).

The UK has several motorcycle accidents every week of varying seriousness; in fact, the Department of Transport has noted that every week in the UK there are 6 deaths and 93 accidents, that involve motorcycles.

Motorcyclists account for a vulnerable road user group – with other types of cycles including pedal cyclists, pedestrians and horse riders included. This is due to the fact that the rider is not protected by the body of any vehicle like a car user is and are quite hard to see on the road. The highest accident rates for any road user group in the UK belong to motorcycle riders.