In Great Britain in 2022, 350 motorcyclists were killed and 5,618 were reported to be seriously injured in road traffic accidents. 10,975 were reported to be slightly injured. 92% of injured motorcyclists were male.
Government research shows that the most common cause of accidents between motorcyclists and other vehicles was a failure to look properly. This was also found to be the most common contributory factor attributed to motorcyclists.
Key takeaways
- There are circumstances in which your compensation may be reduced. This is known as “contributory negligence.”
- If not are not wearing a helmet and you sustain a head injury as a result of an accident, your claim for compensation could be reduced by 15%.
- If you establish that the accident wasn’t your fault, an independent medical report or reports would be obtained to comment on your injury/injuries.
Who can make a claim?
As the rider of a motorcycle, if the collision was not your fault or you don’t think you were mostly to blame for the accident, you will be entitled to make a claim for compensation if you have been injured and if you bring a claim within 3 years of the accident date (if you are over 18). If you had a pillion passenger, they would also be entitled to make a claim for compensation.
How much compensation would I be entitled to?
If you establish that the accident wasn’t your fault, an independent medical report or reports would be obtained to comment on your injury/injuries. Compensation for your injury/injuries would then be calculated by reference to guidelines for different injuries as well as cases previously decided by the courts.
What if I was partially to blame for the accident?
There are circumstances in which your compensation may be reduced. This is known as “contributory negligence”. Some examples of contributory negligence include riding a motorcycle whilst under the influence of alcohol or drugs. In this case, a Court would be likely to reduce your compensation by 25%. Your pillion passenger’s compensation may also be reduced by 25% if they were aware you were intoxicated at the time of the accident.
If you are not wearing a helmet and you sustain a head injury as a result of an accident, your claim for compensation could be reduced by 15%. Even if you were wearing a helmet but it is not properly fastened, a Court could reduce your compensation by 10%. This would also apply to your pillion passenger if they were not wearing a properly fastened helmet.
Your actions may also mean you were partly to blame for the accident and your compensation could be reduced if this was the case.
So, if you have been involved in a road traffic accident as a motorcyclist, regardless of the size of your vehicle, you may be entitled to make a claim for personal injury. Given the vulnerability of motorcyclists and pillion passengers, you may to be entitled to a large sum of compensation.
How can I find out if I have a claim?
Our experienced team specialise in high value personal injury claims arising from road traffic accidents. Our specialists will be able to support and guide you through the process. Speak to a member of our team today on 01525 378177 or email info@ommlaw.co.uk or you can use the “send a message” option on our homepage to tell us about your enquiry.
