If you’re wondering, “Can I claim compensation if I’ve been knocked off my motorbike?” then this guide could help. It will discuss the eligibility criteria that need to be met in order to begin a personal injury claim and the types of evidence that could help to strengthen your case.
Additionally, you’ll read about the ways a motorcyclist could be injured and how accidents are caused. Furthermore, we explore the way compensation is calculated in motorbike accident injury claims.
As part of a free initial consultation, one of our advisors will check if your claim is valid. If it is, you might be able to instruct a personal injury solicitor from our panel to represent your case via a No Win No Fee service.
If you’d like to discuss your options with our team, you can enquire about making a claim online by filling out our contact form. Alternatively, please continue reading to learn about making a road traffic accident claim.
Jump To A Section
- I’ve Been Knocked Off My Motorbike – Can I Claim Compensation?
- How Could A Motorcycle Accident Be Caused By Driver Negligence?
- How Much Compensation Could I Receive If I’ve Been Knocked Off My Motorbike?
- Potential Evidence In A Motorcycle Accident Compensation Claim
- Make A Motorcycle Accident Claim On A No Win No Fee Basis
- Learn More About How To Make A Claim For An Accident
I’ve Been Knocked Off My Motorbike – Can I Claim Compensation?
All road users owe each other a duty of care whilst using the roads. The main aim of this duty is to prevent themselves and others sustaining an injury or damage in a road traffic accident. This duty can be upheld by following the Highway Code and the Road Traffic Act 1988.
If there has been a failure to uphold this duty and you have been knocked off your motorbike resulting in you sustaining an injury, you might wish to seek compensation. However, in order to have valid grounds to begin a personal injury claim, you must prove negligence. In tort law, negligence is:
- Another road user, such as a driver, owed you a duty of care.
- The driver breached their duty of care.
- As a result, you suffered a physical and/or psychological injury.
Claims that meet the criteria above could be made for injuries and accidents of different natures, including serious injuries or a fatal motorcycle accident.
If you believe the above criteria are all true in your case and that you have a valid road traffic accident claim, why not get in touch to tell our team about your case?
How Could A Motorcycle Accident Be Caused By Driver Negligence?
Below, we have given some examples of how someone could have been knocked off a motorbike and sustained injuries.
- A car may have knocked you off your bike causing you to sustain a serious neck injury because the driver didn’t check their blind spot before pulling off.
- A driver may have caused you to be thrown from your bike after hitting you from behind because they were tailgating you. As a result, you sustained a serious back injury.
- You may have fallen from your bike at a speed and suffered multiple injuries, including a brain injury and knee injury because a driver didn’t leave enough room when overtaking.
If you want to discuss your specific case and find out whether you could be entitled to seek motorcycle accident compensation, please get in touch with our team.
How Much Compensation Could I Receive If I’ve Been Knocked Off My Motorbike?
You might be wondering, “What is the average settlement for a motorcycle accident claim?”. However, no two claims are the same and any compensation payout is based on the individual facts and circumstances of each case.
Generally, though, if you make a successful road traffic accident claim, up to two heads of loss can be awarded. The first head of loss that will make up any settlement is called general damages. It compensates for the pain and suffering of any physical and/or mental injuries.
Your injuries may be assessed independently as part of the claims process. As such, an independent medical report may be arranged for you to attend. The report produced from this can help when calculating the value of your injuries. Additionally, reference can be made to the Judicial College Guidelines (JCG).
The JCG contains a list of different injuries and provides a compensation bracket for them. The table below includes some of these figures but please be aware that the amounts shown are not guaranteed so you should use them as a guide only. Also, please note the top entry is not from the JCG.
Compensation Table
Injury | Severity | Guideline Award Brackets | Additional Information |
---|---|---|---|
Multiple Serious Injuries with Monetary Losses | Very serious | Up to £1,000,000 plus | Claimants can be awarded compensation to address the different impacts of the injuries, including physical, psychological, and financial. |
Brain Damage | Very Severe | £282,010 - £403,990 | The person shows little evidence, if any at all, that they can respond meaningfully to their environment. They also have poor language function, double incontinence, and require full-time nursing care. |
Paralysis | Tetraplegia | £324,600 - £403,990 | Upper and lower body paralysis. Factors bearing on the award include the person's age and depression. |
Back | Severe (i) | £91,090 - £160,980 | Damage to the spinal cord and nerve roots with additional problems, such as pain and disability of a severe nature. |
Moderate (i) | £27,760 - £38,780 | For example, a compression fracture of the lumbar vertebrae that increases the risk of osteoarthritis significantly and causes constant pain and discomfort. | |
Arm Amputation | Loss of One Arm (i) | Not less than £137,160 | The arm is amputated at the shoulder. |
Hips / Pelvis | Severe (i) | £78,400 - £130,930 | A hip injury that causes spondylolisthesis of a joint in the lower back with intolerable pain. A spinal fusion is needed. |
Lesser (i) | £3,950 - £12,590 | Whilst there has been a significant injury, there is little or no residual disability. | |
Ankle | Very Severe | £50,060 - £69,700 | Cases in this bracket include a bilateral ankle fracture that results in joint degeneration at a young age. As such, arthrodesis is needed. |
Modest | Up to £13,740 | Injuries to ligaments as well as sprains and minor or undisplaced fractures of a less serious nature are covered in this bracket. |
Claiming Special Damages In A Motorcycle Accident Claim
In addition to general damages, a second head of loss, special damages, could form part of the settlement you’re awarded. This head aims to compensate you for any costs linked to your injuries such as:
- Medical expenses, including physiotherapy costs.
- The cost of home modifications to help if you’ve been left with a serious injury, such as the loss of a limb or paralysis, after being knocked off your motorbike.
- Care and support costs at home.
- Lost income (including future losses).
You will need to provide evidence of any costs you’d like to recoup. This could include receipts, bank statements and pay slips. As such, you should keep hold of any documentation that demonstrates any costs incurred.
If you contact us to ask, “How much compensation could I receive after I was knocked off my motorbike?”, a member of our team will be able to assess your case and provide an estimate. Get in touch today by filling out the contact form on our site.
Potential Evidence In A Motorcycle Accident Compensation Claim
To prove a personal injury claim for harm sustained after being knocked off your motorbike, you will need to supply evidence. This should help to establish liability for the accident and how you’ve suffered as a result.
Examples of evidence that could strengthen a motorcycle accident claim include:
- Copies of your medical records and details of any treatment.
- Dashcam, helmet cam or CCTV footage of the accident.
- Contact details for anybody who is a potential witness to the accident.
- Photographic evidence from the accident scene and of any visible injuries.
If you have a valid claim and wish to seek legal representation, a motorbike accident solicitor from our panel may offer to represent you. They can then assist you in building a strong case and collecting a substantial amount of evidence as part of the helpful services they offer. Read on to learn more about how they could help.
Make A Motorcycle Accident Claim On A No Win No Fee Basis
If you’re eligible to begin a claim after being knocked off your bike, you may find it helpful to seek legal representation. The specialist solicitors from our panel have experience helping claimants seek motorcycle injury compensation and can use their expert knowledge of the claims process to assist you in securing a settlement.
Additionally, they take claims on a No Win No Fee basis under a Conditional Fee Agreement (CFA). This means that:
- You don’t pay your solicitor for their services upfront, while the claim is being processed or if it fails.
- A success fee will be deducted from your compensation if the case is won. However, this is taken as a percentage which has a legal cap ensuring you keep the majority of your settlement.
If you would like to discuss making a claim with a No Win No Fee solicitor from our panel, you can fill out our online contact form with your enquiry. An advisor can then get in touch with you and provide a free case check to help you understand whether you’re eligible to proceed with your case.
Learn More About How To Make A Claim For An Accident
Here is a selection of our other personal injury claims guides:
- A guide about bike and cycle accident compensation claims.
- Advice on how to claim for an accident with an uninsured driver that caused you to sustain an injury.
- Details on how to make a personal injury claim as a pedestrian hit by a car following an accident.
Also, we’ve added a few external links for reference:
- Advice on preventing motorcycling accidents from Think!
- Information from the NHS on how back pain is diagnosed and treated.
- Government advice on how much Statutory Sick Pay (SSP) you’ll receive if you’re off work.
We hope this guide has answered the question ‘Can I claim compensation if I was knocked off my motorbike?’. However, if you require any further guidance, please get in touch using the number above.