A person is more likely to be injured on the road when travelling by motorcycle, and the injuries sustained are often far more serious than those suffered by occupants of vehicles, such as cars and vans. Due to this, motorbike accident compensation awards are frequently higher than in other personal injury claims. Understanding the reason for this can help injured riders appreciate the likely value of their claim.
The latest statistics from the Department for Transport confirm that motorcyclists carry the highest risk of death and serious injury per mile travelled, along with the highest collision rates, and they were substantially more likely to be involved in fatal and serious injury collisions, compared to any other vehicle type.
Why are motorcyclists considered vulnerable road users?
Motorbike riders are classed as vulnerable road users because they lack the physical protection afforded to those travelling inside a vehicle and are therefore at a much greater risk of suffering a significant and life-changing injury compared to other road users.
The recent Department for Transport statistics highlight that vulnerable road users (pedestrians, motorcyclists and pedal cyclists) account for a disproportionately large share of those that are killed or seriously injured on the road. Together, these groups made up over half of those killed and seriously injured in road collisions and had the highest casualty rates.
How is compensation calculated in a motorcycle accident claim?
Compensation for any personal injury claim is split into two parts. The first is the compensation for the injury itself and the pain, suffering, and loss of amenity suffered. This is referred to as ‘PSLA’ or ‘general damages’. The second part of the claim is referred to as ‘special damages’ and this relates to any financial losses suffered, which can include items such as loss of earnings, pension loss, travel expenses, and the cost of care and assistance provided, to you, to name a few.
Early rehabilitation can also be crucial as part of a motorcycle accident claim and, where possible, a Solicitor will seek funding for private treatment costs under the Rehabilitation Code, such as surgery, physiotherapy, occupational therapy, case management and psychological treatment. If necessary, consideration will also be given to the need for mobility aids and home adaptations in serious motorcycle accident claims.
Why do motorbike accident claims often attract higher compensation?
The level of compensation in a motorcycle injury claim, as with all personal injury claims, will depend on the type and severity of the injury suffered, recovery time, and any financial losses incurred. As motorcyclists are at risk of sustaining serious or life-changing injuries, the compensation they are entitled to is generally likely to be greater. However, it is important to note that each personal injury claim will depend on its own facts, and the level of an award for damages will depend on the severity of the injuries suffered and the financial losses incurred.
Common serious injuries suffered by motorcyclists
The latest statistics confirm that motorcyclists are more likely than other road users to sustain serious motorcycle accident injuries, such as fractures. Serious fractures often require a hospital stay, surgery, and a longer recovery time, resulting in a lengthy period of absence from work and lost earnings.
One of the most serious injuries a motorcyclist can suffer is a traumatic brain injury. Even what appears to be a relatively minor head injury can result in long-term symptoms affecting work, relationships, and daily life. Symptoms may include:
- headaches
- drowsiness or fatigue
- poor concentration or brain fog
- irritability and mood swings
- depression
- memory problems
- anxiety
- dizziness, nausea and vomiting
- blurred/double vision
- sensitivity to bright lights
- sudden hearing loss or ringing in the ears (tinnitus)
A brain injury can also put you at an increased risk of epilepsy or dementia in the future.
Other types of serious motorcycle accident injuries include deep abrasions and road rash which could require skin grafts, spinal injuries which could lead to loss of movement or even paralysis, and significant limb injuries requiring amputation.
Can I claim compensation if I was partly at fault?
As with any personal injury claim, it is possible to claim compensation when you have suffered an injury due to someone else’s negligence. This is the case whether they are wholly or partly responsible for the accident, therefore it is always recommended that you seek the advice of a specialist Solicitor, even if you feel your own actions may have contributed to the accident. This can relate to the cause of the accident itself, or the severity of your injuries, for example if you were not wearing suitable protective gear.
Not only are motorcyclists at risk of serious injury from collisions with other vehicles, but also due to accidents caused by potholes, poorly maintained road surfaces, or hazards on the road such as debris and spillages.
Can pillion passengers make a claim?
You are also able to make a claim for compensation if you were injured as a pillion passenger, whether the accident was the fault of the rider you were travelling with, or a third party.
If you have been injured in a motorcycle accident, whether as a rider or pillion passenger, obtaining specialist legal advice at an early stage can help ensure that all aspects of your claim are properly investigated, to help you receive the right level of compensation. Our specialist personal injury solicitors will guide you through every stage of your motorcycle injury claim.
If you have been injured and would like advice about bringing a personal injury claim, contact Stephensons on 0161 696 6235 or complete our online enquiry form and a member of our team will be happy to help.
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