MOTORCYCLE ACCIDENT CLAIMS & NEGLIGENCE

Motorcycle accident victims who are injured due to someone else’s negligence are eligible to claim compensation. What many accident victims do not realise, however, is that they can also make a motorcycle accident claim even if they are partially to blame for the accident. It is not necessary for an injured party to be 100% free of blame in order to seek compensation from any other party involved in the accident.

SOLICITORS HELPLINE 0870 174 0140

Common Causes of Accidents

The four most common causes of motorcycle accident injuries are collisions involving another vehicle, defects in the road, a spill or object left on the road and defective motorcycle equipment. Any of these causes may involve negligence on the part of a third party. Our solicitors specialise in motorcycle accident claims and can help you to sort through the circumstances of the accident and identify any other party that may be partly responsible.

SOLICITORS HELPLINE 0870 174 0140

Contributory Negligence

When the motorcyclist who is bringing the claim is partly responsible for the accident there may be an element of “contributory negligence.” The motorcycle rider is still able to bring a claim, but the amount of compensation they receive will be reduced. Courts use percentages when assigning a degree of contributory negligence to the rider. The percentage by which the award is reduced in motorcycle accident claims is directly proportional to the percentage of the blame the rider holds.

SOLICITORS HELPLINE 0870 174 0140

Percentage Deductions

For instance, suppose that the claimant, if completely free of blame, would be entitled to an award of £5,000. However if the judge determines that the rider is 25% responsible for the accident then the £5000 award would be reduced by 25%, or £1250. Ultimately, the claimant will receive an award of £3750. The idea is that it is not fair for the defendant to pay for 100% of the damages if the defendant was not 100% responsible for the accident. This does of course also give the other driver the opportunity to claim 25% of the full value of any personal injury sustained.

Minimise Risk of Blame

Motorcyclists can minimise the risk of allegations of contributory negligence in potential motorcycle accident claims. The following items are all regularly used in court by solicitors seeking to show that the claimant was partly to blame for the incident that caused the injury :-

1. Maintenance :- Be sure that your motorcycle is in top working order. Check your motorcycle for any component that appears to be damaged. Even though a claim can be brought against a manufacturer for producing faulty equipment, accident avoidance is always the wisest course of action. Routinely check your brake fluid, coolant, tire pressure, oil and lights.
2. Tailgating :- You should also be sure to leave plenty of space between you and the vehicles beside you. Unfortunately, other motorists will sometimes tailgate you. When this happens, play it safe and allow the vehicle to pass you. Reacting aggressively can lead to an accident for which you could be held liable.
3. Intersections :- Be particularly aware of vehicles making left turns. Keep in mind that not all vehicles making left turns do so from the left lane. Motorcycles colliding with or reacting to a vehicle making an unexpected left turn is one of the leading causes of motorcycle accidents.
4. Traffic Signs :- The nature of motorcycles is such that riders are capable of weaving in and out traffic. It might be a temptation when traffic is heavy, but doing so is quite dangerous.
5. Protective Clothing :-Wear protective gear, especially a helmet, whenever you ride your motorcycle. Tinted goggles can prevent you from being temporarily blinded by sun glare on bright days.
6. Drink & Drugs :-Never operate your motorcycle whilst under the influence of drugs or alcohol.

SOLICITORS HELPLINE 0870 174 0140

Free Legal Advice

Our solicitors provide free legal advice to motorcycle accident victims including advice on situations where the rider was partly to blame. We take cases on a risk free no win no fee basis. You do not have to pay any upfront costs and you are not responsible for financing the claims process. Win or lose there is no charge. For your free consultation, simply complete the contact form or call us on our helpline. You will speak to one of our specialist personal injury solicitors who will answer all of your questions and will discuss the likely value of your motorcycle accident claim and your overall chance of success. Receiving your no charge consultation does not obligate you to proceed with your claim or use our services.