RTA compensation claims are there for when you need them the most. As a motorcyclist, you may be fast but you are still one of the most vulnerable people on the road. Think of it this way, you may wear a helmet and protective body gear, but if you fall off your bike then this can have some serious repercussions. One of these could literally mean that you spend months in hospital trying to recover from an accident. If this has happened to you then you may be considering what legal procedures are available to help you recover. You need support to help you get back on your feet. A successful RTA could mean that you do not have to worry about your finances during your recovery period. Instead, you can take things at your own pace.
If you were the victim of an accident whilst you were on the road, your recovery time can determine how much compensation you are entitled to. A trained RTA solicitor can help you through this difficult period. That way, you can focus on yourself and making sure that you are strong enough to go through with the case. A lawyer can take care of all of the smaller details that can determine who was at fault (aka. had liability) for the accident.
How can a motorcyclist be injured on the road?
Naturally, when you think about who could be at fault for a motorcycle accident, you think that it must be a different vehicle. If you want to claim compensation for your RTA injuries, you need to show that you were not at fault.. In fact, it was a different driver or pedestrian that did something dangerous, aka. Breached their duty of care whilst utilizing the road.
Here are some examples of the most common accidents that could happen to you if you are not careful:
These are some of the most common ways that a motorcyclist can get hurt in an accident. If you are looking for compensation then you need to prove that the accident was not your fault. Instead, it was due to the negligence of the other road user. For instance, if the other person was speeding, driving under the influence of drugs or alcohol, or perhaps even making a sudden stop in front of your motorbike, this could mean that they are not reacting appropriately to prevent you from getting hurt. Instead, they may be an inexperienced driver that simply does not know how to handle a dangerous situation on the road.
No matter what the dangerous situation is, if you have evidence to show that you were not the person at fault in the collision, there is a high chance that you could claim compensation if you have the right evidence to prove your case. Let’s have a look at an example to see n compensation case in action:
Was Mike the victim of a RTA?
Clearly, Mike is the victim of the accident. He was an experienced motorist who decided to be responsible by installing a dash-cam to keep safe during crowded commuting hours. The other car breached their duty of car by not indicating that they were going left. This meant that Mike was not able to react in time to this decision. If they had signalled then this would have allowed Mike to control his speed and make sure he kept a safe distance from the vehicle. The evidence of Mike’s dash-cam clearly puts the odds in his favour, especially as he is still suffering from the repercussions of the accident to this day. Mike was not at fault and therefore was owed RTA compensation from the other driver. Every driver should have vehicle insurance to ensure that they can pay for it.
If you do not have any evidence then your case may simply turn into a case of “he said, she said.” In that case it may not be accepted and you are left without the compensation that you need to recuperate. If a motorcyclist is in an accident then it is 27 times more likely that they will die from the car accident. This is because you have less protection than someone who is in a car, plus you also have a higher chance of being run over by a different vehicle who may not have seen the accident.
What sort of compensation can be claimed from a motorcycle accident?
The compensation that you receive will basically be from the defendant’s insurance company. Your motorcycle accident claims solicitor will take into account the physical, psychological and financial impact of your accident. For instance, if you were left with PTSD or perhaps took out a loan in order to pay for motorbike repairs. The amount you receive will depend on the severity of your injury and how long it will take you to recover. This could be split into:
- General Damages: Compensating for your suffering and amenity losses.
- Special Damages: Compensating you for financial losses (including lost earnings).
Just remember that the compensation from the insurance company can come from a range of different people. It may not just be that it was the fault of the other driver. Instead, it may have been due to:
- Pedestrians
- Environmental Factors
- Road Hazards
- Motorcycle Malfunctions
Speak to your solicitor about which of these could be the main cause of your accident. That way you can make sure you are speaking to the right party about your compensation. Choosing the wrong defendant can mean that there is a chance that your claim could be invalidated. Your lawyer can help you throughout the process and support you.
Recovery Times
One of the worst things that can effect a motorcyclist is the amount of time that is needed to recover. If your injuries are severe, it could be months before you make a full recovery. This means you won’t be able to go to work or make money. You will lose out on your wage and may be in pain during this difficult period of time.
Take a look at this case study to see how difficult recovery can actually be:
If you look at Paul’s case you can see that the emotional trauma of his injuries added to the stress and strain of the situation at hand. He did believe at that moment that he was going to die and was forced to deal with this trauma throughout his recovery period. He lost out on his wage and had the added stress of whether or not he would be able to walk in the future. This is a terrifying prospect for anyone, especially as he was not the reason behind the accident.
Has a similar situation happened to you? If so, Gowing Law Solicitors is here to support you with any sort of RTA compensation claims. Having an injury whilst making a traffic accident claim can be extremely stressful. A solicitor can help organize your evidence in the most efficient way to help your case. They can help you avoid pitfalls and ensure that you know the precise amount of compensation that you are owed. This can help you relax and keep calm as your RTA claims specialist does all the hard work for you.
Evidence needed for successful motorcycle RTA compensation claims
If you are seriously thinking about RTA compensation claims for a motorbike accident, the first thing you need to think about is gathering your evidence. When you fell off your motorcycle, you should have taken down details of the driver who hit you or the environment that caused the fall in the first place. You will also want to involve the police in order to get a full police report about the incident.
Of course, the most important thing that you need to think about before you take down evidence is your own health and safety. How badly were you injured by your accident? If you are seriously hurt, you may need to go to hospital. However, if the wounds are not so bad, before you have a check-up, you may want to:
- Take pictures of the environment, roadsides, damages and the other vehicle.
- Ask for statements from witnesses.
- Ask about the insurance number of the other driver.
- Create a quick a diary entry to remember all of the details of the crash.
- Find out about how to get a police report copied to you.
- Use a dash cam to retrieve video evidence of the crash.
After you have been to hospital and are organizing your evidence, there are still additional things that you can do to strengthen your case. This includes:
- Keeping any communication about lost wages, medical treatments or financial losses.
- Receiving a doctor’s note about your injuries.
- Speaking with your insurance company to assess your damages.
Once all of this has been filed away, make sure to take copies to your solicitor. They can let you know which ones will strengthen your case, especially if you are looking for a large compensation pay-out.
A Motorcycle RTA compensation claims solicitor can help you!
All of our motorcycle RTA compensation claims specialists know exactly how to help you with your case. They can offer you free advice and consultations to get you started. If you are interested in further assistance, they work on a ”no win-no fee”basis. This means that even if you do not win your case, you will still come out on top! Their experience will put you at an advantage so you will know exactly what you are owed and how you can get it.
To learn more about our RTA compensation services, please call 0800 041 8350, email info@gowinglaw.co.uk or directly talk to our team through our contact page. They can help you with any additional questions you may have!
Want to know more?
Gowing Law’s blog page is always kept updated with some of the most pressing law topics. This includes the basic facts and specialized questions so that you can prepare yourself for your case. For instance, if you are worried about the current pandemic, please familiarize yourself with your workers’ rights blog or our safety in the workplace article. We are certain that we will find a topic that suits your tastes. Please contact info@gowinglaw.co.uk if you have a topic you would like us to cover. We would be happy to oblige you!
Good luck with your compensation case.
