Making A Motorcycle Accident Claim



Posted: Wednesday, November 11, 2009

by Jonathan Blood Smyth

Motorbikes are often seen as an attractive option to those who prefer to travel around in a more practical way according to their needs. However, it is important to note that in taking on this means of transport, motorcyclists are putting themselves at higher risk of suffering from an accident.

In a road traffic accident, motorcyclists are more vulnerable and at greater risk then car drivers. For example, a defect or a spill on the road will be far more dangerous for a motorcyclist then for a car or lorry driver. The motorbike itself is open and vulnerable to attack as its very structure offers little protection to its user. Statistics have consistently shown that motorcyclists involved in the accident are more likely to suffer from serious physical injury, and most likely to be killed.

In examining the points mentioned above, it will be beneficial to the claimant if at the scene of the accident, important visual information is recorded, and this of course, will be largely dependent on the mental and physical condition the claimant is in. Visual evidence will be useful for your solicitor handling your case.

Most motorcycle claims involve:

Filtering between lanes

This type of accident claim involves the motorcyclist overtaking outside or between lines of traffic. The motorcyclist is usually accused of travelling too fast without taking adequate regard of the safety of other drivers. However, each situation is different and the individual circumstances will be taken into consideration.

Defects in the road

Each situation will be different in deciding whether a defect in the road, such as a pothole, will count as being sufficiently defective enough to pose a real danger to drivers using the road. The highway authority and the local council have a responsibility in ensuring that the road surfaces are maintained and repaired regularly in order to keep up the safety standards. Therefore, any relevant photographs that can be taken of the defect in the road will be helpful in making a claim. If measurements can also be taken of the defect, this will be even more beneficial. This should be done as quickly as possible, as once the highway authorities have been alerted to the hazard; they will work to quickly fix the defect as a matter of urgency,

Substances on the highway/objects

There are various substances that can be spilled onto the road that can cause accidents for motorcyclists. Any leftover debris, fuel, or ice are all potential safety hazards. If the motorcyclist collides with the object on the road, or slips on the ice, then the first step would be to identify the person responsible for the object or spillage. The person who is identified as being responsible for the object or spillage on the road will have to prove that they took reasonable steps to stop this from happening. This will be important to their defence.

If you have been involved in a motorbike accident, we will do our best to ensure that you gain the best legal advice possible, and assist you in your claim for compensation. You will work with specialists with expertise in this area who will help you in your process.

Ayesha Salim , editor of the UK Lawyers Network, writes articles about Solicitor, solicitor, motorcycle accident claim, find a solicitor, legal, lawyer, law help advice, solicitors litigation

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