In this guide, we will explore the process of making a fatal motorcycle accident claim on behalf of a deceased person and who may be eligible to do so.
Fatal motorcycle accident claim guide
Additionally, we look look at the kinds of damages that a fatal accident settlement could comprise and how compensation may be calculated.
Our team of advisors are here to help 24 hours a day, 7 days a week. Get in touch today to find out whether you’re eligible to seek compensation on behalf of someone else.
You can contact us by:
- Calling 0113 460 1215
- Writing to us using our claim online form
- Accessing instant free legal advice through our live support option in the bottom right of your screen.
Choose A Section
- An Introduction To Making A Fatal Motorcycle Accident Claim
- What Is A Motorcycle Accident?
- Examples Of Motorcycle Accidents
- How Much Could I Get For A Fatal Motorcycle Accident Claim?
- Do I Need To Use A No Win No Fee Solicitor?
- More Information On Making A Fatal Motorcycle Accident Claim
An Introduction To Making A Fatal Motorcycle Accident Claim
Road users, such as drivers of vehicles, motorcyclists, cyclists and pedestrians have a duty of care to navigate the road in a way that minimises the risk of harm to others.
However, there may be instances where another road user breaches their duty of care leading to an road traffic accident occurring. The accidents that could happen can vary in severity. In some cases, they may be fatal.
If your loved one has been fatally harmed in a road traffic accident that was caused by another road user breaching their duty of care, a claim could be made on their behalf.
The Law Reform (Miscellaneous Provisions) Act 1934 sets out the eligibility criteria for the estate of the deceased to make a claim on their behalf. This is one of the pieces of legislation that allows for a claim to be made on behalf of the deceased.
The other is the Fatal Accidents Act 1976 (FAA) which allows certain qualifying relatives to make a claim for the impact the death has had on them.
For more information on whether you’re eligible to make a fatal motorcycle accident claim on behalf of a loved one, get in touch on the number above.
What Is A Motorcycle Accident?
A motorcycle accident can involve different road users, such as a driver, pedestrian or cyclist. These types of accidents could occur in various ways.
For example, they could be caused by another driver driving recklessly and colliding head on with a rider leading to a car accident with a motorcyclist. Alternatively, the weather may have contributed to poor conditions on the road causing a motorcyclist to lose control when riding on a slippery road.
However, not all accidents on the road will form the basis of a valid claim. It must be proven that someone breached their duty of care and caused someone to sustain harm.
Road users have a duty of care as set out in the Road Traffic Act 1988. In addition, The Highway Code provides guidelines and rules that apply to each different road user. The rules in the Highway Code are backed by law.
If a road user fails to uphold their duty of care, it could result in a fatal motorcycle accident occurring. For example, the driver of a car may operate their vehicle under the influence of alcohol. As a result, they may drive through a red light and crash into the side of a motorcyclist causing them to sustain fatal injuries, such as severe brain damage.
For more information on when a fatal motorcycle accident claim could be made, get in touch with our team.
Examples Of Motorcycle Accidents
Below, we have provided examples of motorcycle accidents.
- A lorry driver may fail to properly check their mirrors before they change lanes on the motorway. The motorcyclist may be knocked off his bike or forced off the road at a high speed which may cause a fatal neck injury as well as tetraplegia.
- The driver of a car might be driving above the speed limit. They may overtake on a narrow road while speeding causing a head-on collision between themselves and the motorcyclist. As a result, the motorcyclist may sustain a fatal head injury in a motorbike accident.
How Much Could I Get For A Fatal Motorcycle Accident Claim?
When making a fatal motorcycle accident claim, the settlement awarded can include compensation for the pain and suffering of the deceased.
Legal professionals can use the Judicial College Guidelines (JCG) to help them when valuing this portion of settlements. The figures listed in the JCG are based on previous compensation awards. Below is a table containing figures that are relevant to these types of claims.
| Type of Harm | Compensation Bracket | Description |
|---|---|---|
| Death with add on claims | Up to and over £550,000 | The settlement awarded can include compensation for the pain and suffering of the deceased. It can also include losses affecting dependents. |
| (a) Tetraplegia | £324,600 to £403,990 | Several factors are considered such as the person's age, awareness and life expectancy. |
| (b) Paraplegia | £219,070 to £284,260 | Many factors can influence the award given such as the extent of pain, age and life expectancy. |
| (a) Very Severe Brain Damage | £282,010 to £403,990 | The level of compensation will be determined by several factors including life expectancy, physical limitation, requirement for gastrostomy for feeding, sensory impairment, ability to communicate with or without assistive technology, presence of epilepsy, and extent of behavioural problems. |
| (b) Moderately Severe Brain Damage | £219,070 to £282,010 | The injured person will be very seriously, substantially reliant on others as well as the constant need for professional and other care. |
There are also other payments that could be awarded in settlements for fatal accident claims. Examples of these include:
- Bereavement award: Certain qualifying relatives can receive this award which is set out in Section 1A of the FAA. The sum is fixed at £15,120 and compensates those who qualify for the payment for the bereavement they have been caused.
- Loss of consortium: This is also known as the loss of a special person and takes into account the impact on a familial relationship as well as the loss of companionship.
- Dependency: This can cover past and future loss of earnings if the family was financially dependent on the deceased for their income.
For more information on the compensation that could be awarded following a successful fatal accident claim, call our team. They can provide further details.
Do I Need To Use A No Win No Fee Solicitor?
There are several types of No Win No Fee agreements. In this case, we will be looking at a Conditional Fee Agreement (CFA).
This type of legal representation means that if your claim fails, no payments will have to be made to the solicitor for the services they have provided. Additionally, no payment needs to be made upfront or as the claim is ongoing.
If the claim is successful, a portion of your compensation is deducted. This is called a success fee and is legally capped. However, your solicitor will discuss the fee and how it works before you proceed with their services.
Do not hesitate to see if you are eligible to be represented on a No Win No Fee basis by contacting a member of our team. They can offer free legal advice 24 hours a day, 7 days a week. Additionally, they may be able to assign a personal injury solicitor from our panel to represent your claim on this basis.
Ask Us About Making A Fatal Motorcycle Accident Claim
To learn more about when a fatal motorcycle accident claim could be made, you can speak with an advisor from our team. They can answer any questions you may have. You can get in touch by:
- Calling 0113 460 1215
- Writing to us using our claim online form
- Accessing instant free legal advice through our live support option in the bottom right of your screen.
More Information On Making A Fatal Motorcycle Accident Claim
Below we have included some additional resources that might be able to help you further:
- NHS – Coping With Bereavement
- GOV – Applying For Probate
- GOV – Reported Road Casualties in Great Britain, Provisional Results for 2021
- Time limits in personal injury claims
- I had an accident on public transport, can I make a claim?
- What is a personal injury claim?
- How can cycling accident solicitors help me?
- How to claim for an accident on public transport
- Fatal accident claims
- Fatal Car Accident Claims – How To Get Compensation
- How Can Cycling Accident Solicitors Help Me?
- Car Accident Personal Injury Claims Guide
- Could I Get Compensation After An Accident On A Bus?
- How To Claim For An Accident On Public Transport
- What Goes Into Making a Taxi Accident Claim?
- How To Make A Passenger Injury Claim After An RTA
- Bike And Cycle Accident Personal Injury Claims
- How Long Do Car Accident Claims Take To Complete?
- How To Find Solicitors For Car Accident Claims
- A Guide To Car Accident Back Injury Claims
- Car Accident Neck Injury Claims
- Can I Use A Car Accident Claims Calculator For 2022?
- How To Claim For A Pedestrian Crossing Accident
- I Was Hurt In A Hit And Run Car Accident – Can I Claim?
- Road Traffic Accident Claims
If you have any other questions regarding when a fatal motorcycle accident claim could be made, call our team.
Writer Beck Patch
Editor Meg McConnell