Even the most careful motorcyclists can be involved with an accident at some point in their lives.
The most common road safety factor associated with fatal or serious collisions (FSC) involving another vehicle is ‘ineffective observation by either the driver or rider or pedestrian’.
If you are in a motorcycle accident that you believe wasn’t your fault, it’s important to have an idea of the best next steps to take.
But first, you need to know if you could potentially make a motorcycle injury claim.
Could You Make a Motorcycle Accident Claim?
Not every motorcycle accident will lead to a claim. To be eligible for one, you need to establish that somebody else was responsible for the accident and that their actions caused you to have an injury or loss.
What Should You Do After a Motorcycle Accident?
In any accident, the first priority should be getting somewhere safe and addressing any injuries. Once you’re out of that danger zone, then you can start to consider the following practical steps to help you.
These will benefit you immediately and further down the line, if you later come to make a motorcycle accident claim.
Seek Medical Attention
Because motorcyclists have much less protection than people travelling in cars or vans, injuries from a collision can sometimes be serious, even when the accident initially appears minor.
Seeking medical attention helps make sure any injuries are properly diagnosed and treated, and it can also create a clear record of what happened if you later decide to make a motorcycle accident claim.
Report the Accident
You should report the accident to the police or another authority if:
- you haven’t exchanged details with the other party involved;
- somebody was injured;
- there was a driving offence.
If you can, it will help to write down your recollection of the accident (including any smaller details) while it’s still fresh in your memory.
Take Photographs, If That’s Possible
Photographs could be very useful if you come to pursue a claim for a motorcycle accident later and need evidence.
From the overall scene itself to close-up motorcycle damage and any visible injuries, it’s best to try and capture clear photographs of the scene – and only when it’s safe to do so.
Other less obvious things to photograph may be potholes or any damaged road surface involved, which could have had an impact on the accident.
Take Witness Details
This step might be easy to forget in the heat of the moment. If anyone saw the accident, you should ask them if they’re willing to give their contact details.
Like the photographs, witness details could be very useful in building up your motorcycle accident case later, if it comes to that, especially if the defendant ends up having a different account of what happened.
What Evidence Do You Need For a Motorcycle Accident Claim?
Digital data to support any road accident claim is becoming ever more present and available. Some of the data that could potentially be used later as evidence for motorcycle collision claims includes:
- Photographs, plans, vehicle inspections
- Event data recorders (position, speed, events, images)
- CCTV (static security, dashcam, doorbell, mobile phones)
- GPS (in-vehicle, tracking, insurance black boxes, activity apps)
Although all these data sources readily exist, it’s still useful to take your own photographs if you are able to do so.
Helmets and Motorcycle Accident Claims
According to the 1973 Wearing of Helmets Regulations, it is compulsory to wear a helmet while motorcycling in the UK.
In theory, wearing a helmet should help to protect you in the event of an accident. However, there are limitations.
Not all helmet models are the same; they don’t all offer the same amount of protection.
A helmet’s construction should be good enough to handle rotational forces and lateral impacts, and the retention ideally should be high, so that it doesn’t come off during impact. These are two of the most important things to look out for when buying a helmet.
If these aspects aren’t considered, you risk obtaining a more serious injury in the event of an accident and having damages reduced in a motorcycle claim due to contributory negligence later down the line.
What is Contributory Negligence?
A defendant might argue that a claimant contributed to the severity of their own injuries – this is known as contributory negligence.
This can often have weight in a motorcycle accident case because there is substantial evidence that helmets protect against injuries in motorcycling accidents.
Contributory negligence applying to a case does not imply that the motorcyclist caused the accident; however, it can still affect the amount of compensation the claimant receives once the case is settled.
How Much Compensation Could You Get for a Motorcycle Accident?
The amount of motorcycle accident compensation you could receive depends on the details of your accident, the injuries you sustained and how your recovery has affected your day-to-day life.
Motorcycle accident compensations claims can stem from a broad range of injuries, from soft tissue damage to serious head, spinal or multiple injuries.
Compensation isn’t just calculated to cover any damaged riding gear and motorcycling repairs in the event of a motorcycle accident claim.
It should also cover:
- any lost earnings;
- treatment costs;
- travel costs to and from appointments;
- your short-term and long-term care and rehabilitation needs.
These factors can amount to variable costs depending on the type and extent of the injury/injuries.
How Long Does a Motorcycle Claim Take?
There is no fixed timescale for a motorcycle compensation claim. A straightforward case may settle within months, while a more complex claim can take longer, especially if liability is disputed or the full impact of your injuries is still being assessed.
It is often better not to settle too early if your recovery is ongoing, as this may make it harder to account for future treatment, rehabilitation or loss of earnings. A motorcycle accident solicitor can help assess when your claim is ready to settle.
How We Can Help at Injury Support Services
At Injury Support Services, we know how overwhelming it can be to experience a motorcycle crash or accident, and how many questions it can raise once you’ve dealt with any immediate medical demands.
That’s why we have a network of professionals who can help you through all the other aspects of your personal injury – from specialist solicitors to rehabilitation and care experts.
If you’re considering pursuing a motorcycle accident personal injury claim or seeking information or support in connection to another injury, feel free to get in touch to discuss next steps.
