Mr D was overtaking a line of stationary traffic on his motorcycle when a car pulled out to turn right down a side road without indicating, and he collided with it. Mr D was thrown over the handlebars of his motorcycle and the bonnet of the car, landing on the road surface. The driver of the car and other motorists came to his assistance and called an ambulance which took Mr D to the nearest hospital’s accident and emergency department, where an X-ray revealed that he had fractured the radius bone in one of his arms.
Mr D was fortunate not to have been more seriously injured, and was discharged from hospital the following day with his arm in a plaster cast. His broken arm took 8 weeks to heal properly, causing him pain and discomfort for an extended period, as well as considerable difficulties at work. Mr D was offered a low sum in compensation by the motorist’s insurers, and consequently decided to seek legal advice on how a motorcyclist should reject an insurer’s compensation offer.
Compensation for Motorcyclists Injured While Overtaking Traffic
Mr D got in touch with Bartletts Solicitors and asked; how much compensation can a motorcyclist expect for breaking an arm and earnings loss? After taking our solicitor’s advice, Mr D decided to engage our firm to make a compensation claim. In correspondence with the motor insurance company we acknowledged that Mr D had been driving excessively fast while filtering past the stationary line of traffic, and was hence partly to blame for the accident. The driver of the car had however pulled out abruptly (as was confirmed by several witnesses to the accident) without checking the road properly or indicating, despite the fact that the motorcycle was roughly 10 metres away from him, leaving Mr D no time to brake or take evasive action. After a few months of correspondence we were able to agree an 80:20 split on liability for the accident in Mr D’s favour with the motor insurance company, and subsequently negotiated a compensation settlement totalling £5,800 on our client’s behalf.
Solicitors Claiming Compensation for Injured Motorcyclists
Around 20,000 motorcyclists are injured on roads in the UK every year, and despite the decreasing incidence rate in recent years, motorcyclists are still far more likely to be seriously injured in accidents than other road users apart from cyclists, with research showing that motorcyclists are almost 40 times more likely to be killed in road traffic accidents than car occupants. This is mainly due to the low level of protection that motorcycles afford their riders compared to other vehicles, and the relative instability of two-wheeled vehicles.
The main cause of accidents involving motorcyclists is the failure of other motorists to observe the presence of motorcycles in their immediate vicinity, or else noticing them too late to prevent collisions. This is especially true in congested areas where heavy traffic can limit a motorist’s field of vision. The small size of motorcycles also makes them difficult for other road users to see, while poor weather conditions increases the likelihood of accidents, as handling a motorcycle becomes more difficult, and visibility will be poorer for other vehicles on the road.
When an accident is caused by a road surface hazard, an injured motorcyclist may make a claim against the highway authority responsible for the condition of the public road (as per sections 41 and 58 of the Highways Act 1980). This legislation imposes a duty on the relevant authority to maintain roads in a reasonably safe state. Their responsibilities include clearing ice and snow as far as practicable, ensuring that water is drained from roads efficiently, and keeping surfaces free from obstacles such as potholes, and debris from maintenance work (loose gravel poses a particular danger to motorcyclists).
Accidents may also result from motorcycles skidding on oil and diesel spillages, and despite the fact that the road user responsible will usually be unidentifiable, a claim may still be made against the Motor Insurers’ Bureau (MIB), a government body that compensates the victims of untraced drivers.
Bartletts Solicitors has successfully claimed compensation for a large number of injured motorcyclists from other road users and highway authorities over the years. Contact our expert motorcycle accident solicitors team today for free and reliable legal advice.
Make a free compensation enquiry today
For specialist advice on your personal injury claim, call us now on Liverpool 0151 227 3391 or Chester 01244 645830 or Wrexham 01978 360056 or complete a Free Online Enquiry and we will soon be in touch.
