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Motorbike Accident Claims Solicitor: How to show who was at fault for your UK motorcycle RTA
Motorbike accident claims solicitor: Discover why motorbike accident claims are common in the UK, how to show who was legally responsible for your RTA, the difference between contributory negligence and 50:50 compensation settlements.
Why do motorbike accident claims happen so often?
If you ride a motorcycle you will know of the extra dangers you face and extra precautions you must take on the roads to ensure your own safety.
Motorbike accident claims
Motorcycles are small, powerful vehicles - providing little protection in the event of a collision. Although this combination allows you to be fast and able to perform manouevres other vehicles cannot - it also reduces your visibility on the road and allows you to turn up unexpectedly with a higher risk of injury should an accident happen.
Car drivers and other road users simply say, "I never saw the bike" - this is the reason that motorbike accident claims happen so often in the UK.
What is the process to establish who was responsible for an accident involving a motorbike?
The process for establishing who is at fault for a RTA whether involving a motorbike, a car, a pedestrian or any other road user is the same.
You should consider:
1. Common sense
Most of us are road users and will know when a driving error or error of judgment has occurred - which seems common sense. However, many motorbike accidents can be far more complicated that other road traffic accidents so it might not be quite so obvious who is at fault without further investigative steps being taken.
2. The Highway Code
What exactly does the Highway Code say about the manoeuvres that were being performed which caused the accident? You might be surprised about what your duties are when you encounter certain situations on a road.
Click Highway Code to see an online version of the Highway Code.
3. Consider evidence to show what happened
Motorcycle accidents happen unexpectedly and you may not know exactly how your collision occurred. Click motorcycle / motorbike accident claim to see the page I have written explaining the evidence you can use to show what exactly happened to cause your RTA.
4. Contributory negligence
Even if you can show that the other driver was at error - ask yourself did your actions in someway contribute to the RTA or the severity of your injuries?
If the answer is,"Yes" - you may have contributed to the accident and the amount of compensation your are entitled to in your motorbike accident claim could be reduced by a certain percentage.
5. The 50:50 scenario
The 50:50 is a very unusual scenario in law - this is a situation were both you and the other road user are considered equally at fault for your accident. In this situation you can claim from the other driver and the other driver can claim from you, but you are only entitled to 50% of the amount of compensation each. Of course this will be paid by your motorcycle insurance policy.
This is very different than the contributory negligence scenario I gave earlier at number 4 in the above list. When contributory negligence is found - the other road user is considered by law to be responsible for your accident or as lawyers would say to have "prime liability". You are only seen to have contributed to the level of your own injuries.
For example, a reduction in compensation can take place for you not wearing a crash helmet. Here you can claim compensation (albeit a reduced amount) from the other road user, but as the other driver is considered by law to be responsible for causing the accident he is not entitled to any compensation at all.
6. Contact a specialist motorbike accident claims solicitor
When a motorbike accident has occurred your injuries can be quite severe so it is very important to contact a specialist motorbike accident claims solicitor to ensure you not only win your claim, but your receive the maximum amount of compensation you are entitled to claim.
Motorbike Accident Claims Solicitor Summary
On this page I have described all the steps to showing who is legally at fault for your motorbike accident claim.
I recommend you click motorbike accident claims to see which road user is legally at fault for some common types of motorbike accident claims.