How to make a motorcycle claim
How to make a motorcycle claim
Motorbikes are often seen as an attractive option to those who prefer to travel around in a more practical way according to their needs. However, it is important to note that in taking on this means of transport, motorcyclists are putting themselves at higher risk of suffering from an accident.
There are various reasons why motorcyclists are at greater risk on the road then car drivers. For instance, the impact of a motorcyclist colliding on an object on the road will be higher and potentially more fatal then for a car or lorry driver. The motorbike offers little protection to its user due to its structure. Many of the statistics have consistently demonstrated that motorcyclists involved in the accident are more likely to suffer from serious physical injury, and most likely to be killed.
In examining the points mentioned above, it will be beneficial to the claimant if at the scene of the accident, important visual information is recorded, This of course, will be largely dependant on the mental and physical condition the claimant is in. Visual evidence will be useful for your solicitor handling your case.
Most motorcycle claims involve:
Overtaking outside or between lines of traffic
This type of accident usually involves the motorcyclist overtaking outside or between lines of traffic. In most cases the other driver would claim that the accident happened due to the motorcyclist speeding or having insufficient regard to the safety of others. However, if there is enough evidence available, the solicitor may be able to refute these claims even if speed was a factor.
Accidents caused by defects in the road
Sometimes due to carelessness of others, certain defects are left in the road which cause accidents for motorcyclists. What will be counted as a defect will largely depend on the individual situation concerned. It will have to be analysed whether the particular defect in question posed a real danger to drivers on the road. The highway authority and the local council have a responsibility in ensuring that the road surfaces are maintained and repaired regularly in order to keep up the safety standards. In order to make a claim it will be useful to take any photographs of the defect in the road. Any measurements of the defect will also be helpful to your claim. The photographs should be taken as quickly as possible, as it is important to note that the highway authorities will work quickly to fix the defect to avoid any other potential accidents.
Accidents caused by spills on the highway/objects
Various substances that are spilled onto the road can prove to be fatal for motorcyclists. These can involve anything from fuel, leftover debris, or even water that freezes into ice. If the motorcyclist collides with the object on the road, or slips on the ice, then the first steps would be to identify the person responsible for the object or spillage. In order to refute the motorcyclist's claim, the person will have to prove that they took all reasonable steps to stop this from happening, however they will need to prove this in order to make a defence.
If you have been involved in a motorbike accident, we will do our best to ensure that you gain the best legal advice possible, and assist you in your claim for compensation. You will work with specialists with expertise in this area who will help you in your process.
Author: Ayesha Salim is a law graduate who works fulltime with the UK Lawyers Network researching and writing about legal topics
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