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Motorbike accident claims
If the road surface is made dangerous by ice and snow then the Highway Authority may be liable for resulting accidents
How to claim personal injury compensation for motorcycling accidents - including motorbike accidents caused by the condition of the highway or water leaks
Motorcycling accident statistics buck the trend of improved road safety. According to Transport for London's latest figures the incidence of death or serious injury to bikers is on the increase.
In a collision a motorcyclist is 46 times more likely to be killed than a car user.
TfL's figures show that 20% of all crashes in Greater London involve injury to motorcyclists, twice the national average.
Nationally, in 2004 a total of 585 motorcyclists were killed in road accidents, almost 20% of the total number.
The relatively high speed, low visibility and lack of driver protection mean that motor cyclists are more likely to suffer serious injuries in a road accident. Serious orthopaedic injuries are common.
The most common scenario giving rise to motorcycle accidents is a collision with another vehicle, and in those cases the claim is directed to the insurers of that vehicle (or if no insurers to the Motor Insurers Bureau).
In other cases there may be no other vehicle involved and the accident was caused by the condition of the highway or the presence of an obstruction on it.
The Highway Authority (usually the Local Authority) is responsible for maintaining the fabric of the road. If it fails to do so and potholes or other defects arise as a result, then if those defects cause an accident they may be liable.
If the road surface is made dangerous by ice and snow then the Highway Authority may be liable for resulting accidents if they are not able to show that they had - and carried out - a proper system for gritting.
The highway may become dangerous by spillages or leakages. A landmark case in 2003 paved the way for a claim to the Motor Insurers Bureau in injury cases arising from oil spillages, the principle being that the MIB have to meet claims against untraced motorists, and that a large diesel spillage is likely to have been caused by the negligence of an untraced driver.
In a case settled by Osbornes Injury Lawyers in 2008, the Claimant was riding his motorbike on a winter's day in London when he encountered a water mains leak which had frozen across the road. We were able to establish that the leak had been notified to the water utility company days before but they had done nothing to repair it.
It was entirely forseeable that a leak of water across a main road in winter was likely to cause a significant danger to road users. The Claimant skidded across the ice and came off his bike, sustaining multiple injuries. The water company admitted liability and the claim settled after court proceedings for over £70,000.
If you have been involved in a motorcycle accident:
- Take down the details of the other party at the scene, including name, address, telephone and insurance details and vehicle registration number.
- Report the matter to the police immediately. If for any reason this is not possible report the accident in person to a police station as soon as you can (and get a reference number)
- Take details of any other party and any witnesses.
- Contact your own insurers, if relevant.
- Contact Osbornes Personal Injury Lawyers as soon as possible for free initial advice
How do I start my personal injury claim?
Contact Wendy Wright on 020 7681 8671 or by e-mail to wendywright@osbornes.net. Or Stuart Kightley on 020 7681 8672 or by e-mail to stuartkightley@osbornes.net
We will then discuss the case with you over the phone and if you have a claim we will arrange a free initial interview either here or at your home.
- Whiplash injury claims
- Fatal accident claims
- Personal injury claims for road traffic accidents
- Cycling accident and personal injury claims
- Motorbike accident injury claims
- Rear end shunt injury claims
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