How To Sue For A Motorcycle Accident

Have you been injured in an accident that wasn’t your fault? If so, our guide on how to sue for a motorcycle accident could help. We understand the frustration you might be feeling and are here to help.

sue for a motorcycle accident
A guide on how to sue for a motorcycle accident

Our guide aims to help you better understand how you can make a personal injury claim and get the compensation you deserve. If you have any questions after reading, our advisors can help. They’re available 24/7 to provide you with free legal advice.

Additionally, if you feel ready to start your claim today, our advisors can put you in touch with a personal injury solicitor from our panel. They can then help you through the next steps of the claims process. 

For more information, call us on 0800 408 7827. Otherwise, please continue reading for more guidance on how to sue someone whose negligence caused you harm.

About Suing For A  Motorcycle Accident

  1. A Guide On How To Sue For A Motorcycle Accident
  2. What Is A Lawsuit For A Motorcycle Accident?
  3. What Motorbike Injuries Could I Claim Compensation For?
  4. Who Could Be Liable For My Injuries?
  5. What Evidence & Documentation Do I Need To Sue For A Motorbike Accident?
  6. Do I Need To Get Medical Care Before Making A Claim?
  7. Work Out How Much You Could Sue For After A Motorcycle Accident
  8. When Is The Best Time To Accept A Settlement Offer?
  9. Do I Need A Personal Injury Claim Solicitor?
  10. How To Sue For A Motorcycle Accident With A No Win No Fee Solicitor
  11. Ask Us About How To Sue For A Motorcycle Accident
  12. How To Get Free Claims Advice
  13. FAQs On How To Sue For A Motorcycle Accident
  14. Motorcycle Accident Resources

A Guide On How To Sue For A Motorcycle Accident

According to the Department for Transport statistics, an average of 115 motorcyclists were seriously injured each week in reported road casualties between 2015 and 2020.

As you can see, motorcycle accidents are not uncommon and can happen anywhere and anytime. Furthermore, they can lead to serious consequences. So if you’re someone suffering the consequences after being involved in an accident, we could help. 

Our guide will take a detailed look at how you can claim on a No Win No Fee basis, as well as how a solicitor could benefit you in a motorcycle accident case. Additionally, we’ll look at exploring some common questions, including:

  • How much can you sue for a motorcycle accident? 
  • What can I sue for in a motorcycle accident?
  • Can I sue someone personally after a motorcycle accident? 

We’ll answer these questions and more by looking at compensation, the types of injuries you can claim for and who could be liable for your injuries. 

If you or someone you know has had a serious road traffic accident, you might be concerned about having enough time to claim. Generally, you have 3 years from the date of the accident. However, there are exceptions. 

Additionally, in the case of a serious accident, you might be looking to claim on behalf of a child or someone who lacks the mental capacity to claim. This is possible to do by acting as a litigation friend

For more information on time limitations and claiming for someone else, contact our team, and they’ll be happy to provide further details. 

What Is A Lawsuit For A Motorcycle Accident?

Many factors can impact a road user’s safety; for example, if a motorcycle rider isn’t wearing a helmet or other protective gear or if a learner rider fails to complete basic training and attach L plates to their bike before riding. Factors such as these can put them at risk for more serious injuries. 

Additionally, riders could be involved in accidents for various reasons such as taking a bend wrong, overtaking collisions and collisions at junctions. 

You wouldn’t be able to make a claim if you’re entirely at fault for your injuries. However, if you’re partially at fault, and the other vehicle was too, you could still claim.

A lawsuit for a motorcycle accident can occur when you can prove:

  • Someone owed you a duty of care.
  • They breached that duty of care, causing an accident.
  • This breach led to your injuries.

All road users owe each other a duty of care under The Highway Code. They should use the roads with the standard care and skill of the average user. Recent changes require vehicles that can cause the most damage in a collision to bear the most responsibility when using the roads with care.

What should you do if you’ve been in a motorcycle accident?

Firstly, it’s important to ensure you receive proper medical treatment. Additionally, if possible, you should obtain the contact details of anyone involved in the accident. If you’re injured, you should also report the accident to the police within 24 hours if this hasn’t been done at the time of the accident.

Furthermore, if you have an accident with an uninsured driver, you should inform the police and your insurance company for further advice. You could still claim if the vehicle that caused the accident was uninsured or you were injured in a hit and run accident. You’d make the claim through the Motor Insurers’ Bureau. However, a solicitor can still help you with this. 

What Motorbike Injuries Could I Claim Compensation For?

Different road users can be affected in different ways, and some are more vulnerable than others. You may have suffered injuries such as:

  • Fractures and breaks
  • Shallow cuts and bruising
  • Head injuries
  • Amputations
  • Sprains and strains

Different incidents could cause these types of injuries. For example, you may be in a side-on collision with a car and suffer a broken leg. You may suffer a severe head injury after a vehicle collides with you because it was speeding. 

So long as the injuries were caused by another vehicle’s negligence, you could claim compensation for pain and suffering in the form of general damages. General damages is a head of claim that compensates you for your physical and emotional suffering as well as the impact the injury has on your quality of life. 

Special damages is the second head of claim. It compensates you for the financial losses incurred as a result of your injuries. These can include loss of earnings, travel expenses (such as to and from medical appointments), medical expenses, cost of care, and other financial losses caused directly by the accident. 

For more information on whether you could sue someone after a motorcycle accident, see below. 

Who Could Be Liable For My Injuries?

Each road user has a duty of care to keep others safe, no matter whether you’re a pedestrian, cyclist, motorcyclist or driver. The Road Traffic Act 1988 sets out rules and regulations for road users to follow. A few examples of how you can keep yourself and others safe include: 

  • Following speed limits
  • Having third-party insurance as a minimum
  • Not driving or riding under the influence 
  • Wearing a helmet 

If you or someone else fails to comply with these, you could be at risk of breaching your duty of care to others and yourself.

For example, as a motorcyclist, if you fail to wear a helmet and suffer severe injuries as a result, you could still claim. However, you may receive less compensation than someone who had been wearing a helmet.  

However, liability isn’t always clear cut. Sometimes it’s not the fault of the road user. For example, the roads may be unsafe due to the council failing to maintain them. If this causes you injury, you could claim against the council.

What Evidence & Documentation Do I Need To Sue For A Motorbike Accident?

Valid evidence is important in reaching a settlement agreement for a motorcycle accident. Evidence might include:

  • Footage from CCTV, traffic cameras or a dashcam 
  • Pictures of the accident scene and cause of the accident, if possible 
  • Witness contact details for statements at a later date
  • Police reports, if applicable 

If you’re claiming for any financial losses under special damages, you’ll need to provide further evidence such as:

  • Receipts for medical expenses, travel expenses and care costs
  • Payslips for loss of earnings 

Additionally, you’ll need to provide medical evidence for any injuries. For more information on the medical evidence you could use in your motorcycle accident claim, see below. 

Do I Need To Get Medical Care Before Making A Claim?

After suffering injuries in an accident, you should seek relevant medical assistance. This can ensure that you don’t experience any complications or long term impacts from any undiagnosed injuries. 

Furthermore, any visits to the doctor or hospital can be useful evidence of the injuries you suffered. Additionally, you would be invited to attend an independent medical assessment. This can be arranged by your motorcycle accident lawyer. An unbiased medical professional would check your injuries and create a report that can be used as proof.  

Any medical evidence you can provide can help add further validity to your claim. If you have any questions on the evidence you can use, contact our team of advisors for more information. 

Work Out How Much You Could Sue For After A Motorcycle Accident

We understand you might have used a personal injury calculator to work out the average compensation for a motorcycle accident. However, they don’t always consider all the contributing factors to your accident.

For that reason, we’ve created a table detailing the compensation amounts for various types of injuries below.  The figures are from the Judicial College Guidelines, a document solicitors use to value claims. 

The table provides an idea of what you could claim in general damages and should only be used as a guide. A solicitor could work out any compensation for special damages separately. 

Injury SeverityAverage compensation amountComments
Less Serious Leg InjuriesLess serious (iii)Up to £11,110Simple fractures to tibia or fibula or soft tissue injuries
Severe Leg InjuriesModerate£26,050 to £36,790Complicated or multiple fractures or severe crushing injuries, generally to a single limb.
ArmSimple fractures of the forearm£6,190 to £18,020Simple fractures of the forearm
ArmInjuries Resulting in Permanent and Substantial Disablement£36,770 to £56,180Injuries resulting in permanent and substantial disablement
ElbowMinor/moderateUp to £11,820Most elbow injuries fall into this category. They comprise simple fractures, tennis elbow syndrome, and lacerations; i.e., those injuries which cause no permanent damage and do not result in any permanent impairment of function.
ElbowSeverely Disabling Injury£36,770 to £51,460A severely disabling injury
KneeModerate (ii)Up to £12,900Lacerations, twisting, or bruising injuries.
AnkleModestUp to £12,900The less serious, minor or undisplaced fractures, sprains, and ligamentous injuries.
AnkleModerate£12,900 to £24,950Fractures, ligamentous tears and the like which give rise to less serious disabilities such as difficulty in walking on uneven ground, difficulty standing or walking for long periods of time, awkwardness on stairs, irritation from metal plates, and residual scarring There may also be a risk of future osteoarthritis.
FootSevere£39,390 to £65,710Fractures of both heels or feet with a substantial restriction on mobility or considerable and permanent pain. Examples include injuries that result in severe degloving, extensive surgery, heel fusion, osteoporosis, ulceration, or other disability preventing the wearing of ordinary shoes. It will also apply in the case of a drop foot deformity corrected by a brace.
FootModestUp to £12,900Simple metatarsal fractures, ruptured ligaments, puncture wounds and the like.
Brain DamageVery Severe Brain Damage£264,650 to £379,100Very severe brain damage: some ability to follow basic commands, recovery of eye opening and return of sleep and waking patterns and postural reflex movement. There will be little, if any, evidence of meaningful response to environment, little or no language function, double incontinence and the need for full-time nursing care.
HeadMinor£2,070 to £11,980Minor brain or head injury. In these cases brain damage will have been minimal.
HeadModerate (iii)£40,410 to £85,150Moderate brain damage cases in which concentration and memory are affected, the ability to work is reduced, where there is a small risk of epilepsy, and any dependence on others is very limited.
WristSignificant permanent disability£22,990 to £36,770Injury resulting in significant permanent disability, but where some useful movement remains.
WristAn uncomplicated Colles' fracture.In the region of £6,970An uncomplicated Colles' fracture.
Injuries to the Pelvis and HipsSevere (i)£73,580 to £122,860Extensive fractures of the pelvis involving, for example, dislocation of a low back joint and a ruptured bladder, or a hip injury resulting in spondylolisthesis of a low back joint with intolerable pain and necessitating spinal fusion. Risk for disabilities such as lack of bladder and bowel control, sexual dysfunction, or hip deformity making the use of a calliper essential; or may present difficulties for natural delivery.

If you have any further questions on compensation, call our team on the number below for more information. Our advisors can value your claim for free. 

When Is The Best Time To Accept A Settlement Offer?

In this section, we’ll be exploring how much is a good settlement for a motorcycle accident.

Firstly, a settlement offer is the overall compensation you’ll receive and includes general damages and potentially special damages. Secondly, compensation amounts for general damages can vary depending on the severity of your injury. Special damages are also unique to each specific case. 

Although the settlement agreement for a motorcycle accident can vary, it’s important to note that you don’t have to accept the first offer. If you receive a settlement offer that you’re not satisfied with, you can make a counteroffer. 

However, if you’re unsure of the process, your solicitor can advise on the best course of action based on their experience with similar cases. They can only advise, though, and should not make any decisions without your consent. 

Do I Need A Personal Injury Claim Solicitor?

If you decide to sue for a motorcycle accident, you don’t need a solicitor to represent you. However, it can be beneficial to have a solicitor guiding you through the process. 

Motorbike accident claims can take time, and if you have responsibilities such as work or looking after a family, it can help to have a solicitor’s support. They can do the heavy lifting, so you don’t have to. 

Additionally, if you’re unsuccessful with your claim and aren’t using the services of a solicitor, you could end up having to pay court fees and any other fees that you incur during the claims process. Furthermore, you won’t have any compensation to help cover these fees. 

Most importantly, if you’re claiming against someone who has legal aid, this could put you at a disadvantage. Instead, having a solicitor could help you navigate the legal process with more confidence. 

For more information on personal injury lawyers and how they can help you, see below. 

How To Sue For A Motorcycle Accident With A No Win No Fee Solicitor

Accidents can happen when we least expect it and can add unwanted financial strain. If this is the case for you, you might be apprehensive about claiming. However, you can claim with a solicitor on a No Win No Fee basis. 

If you choose to claim this way, it essentially means that if your claim is unsuccessful, you won’t pay the solicitor’s fee. However, if it is successful, you’ll pay a success fee. This is legally capped, and you and your solicitor will agree on the percentage of the fee from the start. 

Most importantly, you can avoid upfront solicitor fees and fees that incur during the course of the claim. 

Ask Us About How To Sue For A Motorcycle Accident

We understand how overwhelming motorbike accident claims can seem. However, we’re here to help and support you. Our advisors can provide free legal advice on anything regarding your personal injury claim. 

Although we’ve covered a lot in our guide, we understand if you still have questions. If you do, our advisors can provide further clarification on:

  • No Win No Fee agreements
  • How a solicitor could benefit you
  • Duty of care and who might be liable for your accident 

Additionally, they can help provide an estimate of how much your claim is worth. As mentioned before, you could use a personal injury calculator, but it can be inaccurate. Instead, our advisors will consider the severity of your injury before giving you an estimate. 

If you’re ready to get in touch, see below for our contact details.  

How To Get Free Claims Advice

If you’re suffering from the consequences of someone else’s negligence, we want to hear from you. As well as providing further clarification and answering your questions, our advisors can connect you with a personal injury solicitor from our panel if you have favourable grounds for a claim. 

Once you’ve connected with a solicitor, they can take you through the next steps to get you the compensation you deserve. 

Contact us on the following and start your claim today: 

  •     Call us on 0800 408 7827
  •      Please chat with us on live chat at the bottom of the page
  •      Contact us via our website and we’ll get in touch with you at your specified time

FAQs On How To Sue For A Motorcycle Accident

How much can you sue for a motorcycle accident?

The compensation amounts you can claim will vary depending on the severity of your injuries. However, our compensation table above can give an idea of what you could claim for various injuries.  

How much is a good settlement for a motorcycle accident?

The first settlement offer you receive may not be an amount you’re satisfied with. However, a solicitor can advise on when it’s best to accept a settlement and when to make a counteroffer. 

What can I sue for in a motorcycle accident?

If the accident wasn’t your fault, you could sue for any physical and emotional suffering. Additionally, if you suffered any financial losses, you could claim for them as well. 

Can I sue someone personally after a motorcycle accident?

If they were at fault for the accident, you could sue someone personally after a motorcycle accident. However, it’s important to have evidence to build a valid claim against them. 

Motorcycle Accident Resources

For further information on road safety rules, see The Highway Code. 

If you’re interested in any further motorcycle accident case statistics, you can find what you need on the government website. 

For further advice on keeping yourself and others safe on the road,  THINK! has some useful information.

Did you break your nose in a road traffic accident? Our guide on claiming compensation for a broken nose could help. 

Perhaps the local council caused your motorcycle accident. If so, our guide on how to sue your local council could provide further details. 

If you were injured in an accident at work, see our guide on how to sue your employer for more information. 

Thank you for reading our guide on how to sue for a motorcycle accident.

Article by MIT

Edited by VIC