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Compared to other road users, motorcyclists are much more likely to die or suffer serious injuries if they have a road traffic accident.

Even during the Covid 19 pandemic with a nation in lockdown, figures show that 285 people died as the result of a motorcycle accident .

It’s a fact that motorcyclists are amongst the most vulnerable of road users and as a consequence the majority of motorcycle accidents happen because drivers don’t see them in their path. That doesn’t mean accidents are entirely the fault of people in other vehicles. Motorcycle accidents can occur for a number of reasons resulting in injury or even death.

What are the most common motorcycle accident injuries?

1. Head injuries

Motorcycle users must wear approved safety helmets, not only because it’s a legal requirement in the UK but because head and neck injuries are the most common in motorcycle accidents.

Helmets which comply with British safety standards are very effective when it comes to cushioning this, the most important part of the body and can make the difference between life and death when someone is involved in a motorbike accident. However, head injuries are very serious and can lead to life changing injuries.

2. Road rash

You might think that when you fall off your motorcycle at speed and skin is damaged in the process, that it will eventually heal. But the impact of falling on the ground and then maybe sliding along a hard road for several yards can cause serious injury. Not only will there be cuts and bruises but there may be long term effects such as irritation, infections, and nerve damage. To reduce the risk of skin abrasions, motorcyclists are always encouraged to wear protective leather jackets, thick gloves, and padded pants.

3. Leg injuries

Legs, knees, and feet can all become damaged when a person is involved in a motorcycle accident. These may not be as life-threatening as head and neck injuries, but they could potentially be life-changing and result in a person being unable to return to the life they had before.

Amputation, long term muscle pain and the inability to walk unaided can all seriously impact on a person’s life. And like any serious injury the consequences on overall physical and mental health can be affected.

4. Loss of hearing

When someone travels at high speed the pressure that is placed on the ears can lead to damage of the eardrums. Hearing loss could also be the result of a collision.

5. Fractured bones

Because motorcyclists don’t have the same protection as someone in a car or van, their body will bear the brunt of any road accident. The only thing between them and the hard road is a helmet and leathers and while they may lessen the impact, the possibility of bone fractures is likely. Arms, wrists, ribs, or pelvis can all be broken during such an accident and recovery can take several weeks or even months.

 When can you make a motorcycle accident claim?

If you are involved in a motorcycle accident that wasn’t your fault, then you can make a claim within three years of the incident happening.

 Can you make a claim if you are partly to blame?

The short answer is yes. Although, somebody else must also be to blame. The law says that we should take responsibility for our own safety. This means that if you did something careless, like overtaking a car on the inside of slow-moving traffic you could be considered partly to blame, as this would be deemed contributory negligence. Basically, even if the other party did something reckless, the accident would probably not have happened had you not made this unsafe move.

How much compensation can you get for a motorcycle accident claim?

Compensation for motorcycle accident claims always depends upon multiple factors, such as how severely injured you are and the length of treatment that you might need.

For general damages, a medical assessment is needed as part of the claims process, and a report would be created to show just how severe the injuries are that you suffered and confirm that they were either caused or exacerbated by the accident. Most personal injury compensation is made up of general and special damages. So, if you have lost earnings because you haven’t been able to work then, you would receive special damages. Financial losses must be proven through banks statements, involves etc.

In cases where you were partly to blame the compensation will be reduced.

Contributory negligence is assessed in terms of percentage, which will vary according to the circumstances of the accident – for example, you are 30% to blame and the other party is 70% to blame. This means that the amount of compensation you can get is reduced by the same percentage. So, if you were awarded £10,00 and were 30% at fault, you’d get the £10,000 compensation, minus 30%, which is £7,000.

 How to make a motorcycle accident claim

1. Get medical attention

If you’ve been involved in a motorcycle accident, it’s essential to obtain medical attention as soon as possible. This could be at the scene or later, but your injuries must go on record, however minor. It is also possible that any injuries could develop into something more serious later.

2. Collect evidence

You may have dashcam footage or be able to take photographs with your phone of damage to your bike, clothing, property, and injuries, all of which will help with a claim.

3. Witness statements

Obtaining names and contact details of anyone who might have seen what happened with also be helpful when it comes to motorcycle accident claims.

4. Inform the police

Again, getting details of the accident on record, is something you should do and will help your claim.

5. Inform your insurance company

This is another essential step as failing to let your insurance company know what happened could invalidate your insurance.

6. Contact a solicitor

Once you have contacted a solicitor, you’ll be able to commence the claims process. They will take you through everything step-by step and advise you of the best course of action.

If you want to know more about motorcycle accident claims click here and we will be happy to help in any way we can:

So you’re the only person around to administer first aid at the scene of a road accident, what do you do? Is it best to leave the person until emergency services arrive, or should you leap in and have a go at helping anyone who’s been injured?

Clearly, if you have some training in first aid then you will be the person to deal with the accident but what if you have no experience? What if you injure the casualty?

Will you be prosecuted? These could be some of the questions you are likely to ask yourself should such a situation arise. There’s no law to say that if you’re involved in a roadside accident or are a bystander that you must administer roadside first aid but this does not mean that it’s OK to leave an injured person who you know is in danger. In fact if you do, you may be liable through your omission to act.

If you are not happy to give someone first aid treatment, maybe you faint at the sight of blood? Then there are still things you can do to help.

You can:

• Call 999 or get someone else to do it if it’s an emergency.
• Make the area safe – further collisions and fire are among the main hazards when there’s a road accident but there could be broken glass, or spilt oil to look out for too.
• If you are in a car you need to switch off your engine and turn on your hazard lights to warn oncoming traffic.
• Don’t let anyone in the area smoke.
• Monitor the casualty and/or find out what happened.
• Do not allow the casualty to wander around at the scene in case they walk into the path of other traffic.
• Try to maintain the victim’s body temperature (e.g. by keeping them warm or shaded).
• Protect the casualty from severe weather conditions.
• Comfort the casualty. Reassure them confidently and try not to leave them alone.
• Try to make them comfortable – but only if you do not suspect they have any spinal injuries.
• Don’t move any casualties from vehicles unless they are in serious threat of further danger.
• Do not remove a motor cyclist’s helmet unless it’s an absolute necessity.
• Never give the casualty anything to eat or drink.

You can also, if qualified to do so, check the casualty for:

• Responsiveness (signs of life).
• Breathing difficulties.
• Severe bleeding wounds (e.g. arterial).
• Spinal injuries.

Emergency care

If you are in a position to provide emergency care you can follow the following procedure:

Danger

Ensure that you are not in danger.

Response

Try to get a response from the person by giving their shoulder a gentle shake and asking whether they are alright. If they respond, check for injuries.

Airway

If there’s no response, open the casualty’s airway by placing your fingers under their chin and lifting it forward.​ If the casualty is unconscious and breathing, place them in the recovery position until medical help arrives

​Breathing

Check that the casualty is breathing normally. You should be able to see their chest moving, feel the breath on your cheek or hear them breathing. If there are no signs of breathing you can start CPR (cardiopulmonary resuscitation – a life saving medical procedure which is given to someone who is in cardiac arrest).

Be prepared

Always carry a first aid kit. It’s not something you might ever believe you’d need but it could save a life. Also first aid is an excellent skill to have. You can get first aid training from a qualified organisation such as St John Ambulance, St Andrew’s First Aid, British Red Cross, or any suitable, qualified body.

Am I liable if I injure a casualty?

You could be liable for substantial damages if your intervention was considered negligent and caused an injury that the casualty hadn’t sustained in the accident.

This doesn’t just apply to someone who has no training and decides to step in, it is also the case whether you are a healthcare professional, or a non-professional volunteer first-aider.

For example, if you gave chest compressions in a situation where a casualty was not in cardiac arrest and your actions caused damage to the chest wall or underlying organs, you would be causing injuries which would not otherwise have been suffered and, given that the casualty was not in need of emergency resuscitation, would by this intervention be leaving them in a worse state.

If, however, you performed CPR on someone who was in cardiac arrest and the person would without your intervention almost certainly die then it’s unlikely your actions would be deemed negligent.

There’s also an issue of consent because under UK law any form of physical touch without consent could be interpreted as common assault. This is something to keep in mind although if you touched a casualty who was in need of first aid but was unable to give their consent it would be unlikely to lead to a conviction. Imagine for example if you held the hand of a casualty to reassure them, without first gaining consent, it would be a nonsense to charge them with assault however, a conviction could be made if the first aider were to use any form of force against the casualty to administer treatment.

A lot rests on the severity of injuries for example, if the person you’re attending to is unconscious and therefore unable to consent – or maybe they had refused consent and then became unconscious – you are allowed to undertake treatment that is only required for the purpose of saving life.  You are not permitted to undertake non-life threatening treatment, such as treating minor injuries.  Under the Mental Capacity Act (2005) (2) a person is presumed to have the mental capacity to make their own decisions unless proved otherwise.

If you want to know more about the law and roadside accidents please get in touch with us at the link below and we will be happy to help.

Having a car accident can be bad enough, but what happens if you’re hit by an uninsured driver?

This raises several crucial questions if you then want to make a claim:

• Can you make a claim at all?

• What will your insurance company do?

• What happens if the uninsured drivers runs away from the scene?

• Can you bring a legal action against them?

A large number of accidents in the UK involving motor vehicles also involve uninsured drivers.

The Motor Insurers’ Bureau (MIB) provides compensation for accidents involving uninsured and hit and run drivers.

In 2018, it recorded more than 26,000 personal injuries from collisions with uninsured vehicles or untraced drivers.

Every 20 minutes, one person in the UK is injured this way.

What Must You Do if You’re in a Car Accident? 

There are certain things you MUST do if you’re involved in a car accident, whether the other driver is insured or not.

Make a note of the other vehicle’s make, model and registration number and what damage there is to the other vehicle.

Note the scene of the accident, including any road markings, traffic lights and driving conditions. Make a note whether the other vehicle had its lights or signals on.

Get the other driver’s name and address.

Get contact names, details and statements from any independent witnesses.

If you can, take photographs of the scene and the vehicles involved, which you can then refer to when making a claim.

The other driver MUST give you their insurance details. If they do not, you can report this to the police.

What Happens if the Other Driver is Uninsured?

Normally, if the other driver has insurance, this would cover you, providing the accident was their fault.

If they are uninsured, however, you can still claim for your damages on your own insurance, providing it is fully comprehensive.

There may be certain consequences if you do this:

• You will have to pay an excess fee

• You may lose your no claims bonus.

Some insurance providers may choose to waive the excess fee, and if they include an uninsured driver promise in their policy, they may also let you keep your no claims bonus.

However, if you do make a claim against an uninsured driver, this will still increase your premium when you come to renew your insurance.

There are certain conditions you will need to meet if you are making a claim:

• You must be able to show that the accident was not your fault

• You will need details of the uninsured driver and their vehicle

• You must have the contact details of witnesses.

What if the Uninsured Driver Fails to Stop After the Accident?

If the uninsured driver has fled the scene without leaving details, you should report the incident to the police.

Failing to stop after an accident is an offence. You should report this within nine months of the accident occurring.

However, the police may not take immediate action if there has been no personal injury involved.

But there are alternatives if your insurance is not fully comprehensive, or you cannot provide the details of the uninsured driver.

How Can You Claim Compensation?

MIB (the Motor Insurers’ Bureau) provides compensation for accidents involving uninsured and hit and run drivers.

Although you should report an accident to the police within nine months, MIB recommends that for personal injury claims, you should do this within 14 days, and for damage to property, within five days.

As with other forms of personal injury claim, to make your claim to MIB, you should do this within three years of the accident.

The MIB will investigate the accident, and will accept or reject your claim based on its findings.

For example, if MIB believes you were at fault, or partially at fault, it will reject or reduce your claim.

It will not pay purely on the basis that other driver is untraceable or uninsured.

You must have evidence to back up your claim for compensation.

There are circumstances where MIB refuse your claim:

• If you were a passenger in an uninsured vehicle which you knew, or ought to have known, was uninsured

• If you were a passenger in an uninsured vehicle driven by a drink-driver.

To make a claim, the accident must have occurred on a public road or area, with full access to the public.

MIB states that claimants can seek independent legal advice at any stage of making a claim.

Can You Sue an Uninsured Driver?

You may be able to claim compensation from MIB, but does this mean the other driver still gets away with it?

If the MIB settles your claim, they will seek to recover their costs from the other driver.

Your legal representative, acting on your behalf, will make your claim to MIB in the same way you would approach an insurance company.

Even if the uninsured driver is untraceable, you can still make your claim. It may take longer, but providing you provide the right evidence, it can still be successful.

Accident claims against uninsured drivers can involve:

• Personal injury claims
• General damages.

It is against the law to drive without insurance. The uninsured driver in your claim may therefore face prosecution, and an investigation as to whether they have other necessary documentation for their vehicle. The police have the right to carry out these investigations.

What to Do If You Have Had an Accident with an Uninsured Driver

As we have shown, you can make a claim in this type of situation. The best way to do this is to work with a legal expert in this area.

For help and advice about making a claim against an uninsured driver, please call us on 0151 256 7898, email enquiries@waferphillips.co.uk or fill in our contact form, and we will be in touch as soon as possible.