Accidents and injuries are very high proportionally among motorcyclists than they are for drivers of other road vehicles.
But many incidents involving motorcyclists do not end up being pursued in an accident claims court because a number of contributing factors deter bikers from pursuing their legal entitlement in this way.
When bikers, or drivers of all kinds are involved in a traffic accident, they are far less likely to pursue insurance claims if there are not criminal charges associated with the case. In a criminal prosecution, prosecutors have the burden of responsibility to prove that the accused party is guilty of their crimes beyond all reasonable doubt. But the mechanics of personal injury claims works slightly differently and as long as prosecutors can prove that responsibility is very likely – or at least more likely than the alternative – the victims of these injuries can be awarded compensation.
Often it is the case, particularly in motorbike claims, that the claimant is unwilling to pursue a claim because they believe themselves to be partly to blame either through lack of due attention or some small lapse in appropriate road safety. but partial blame does not entirely alleviate the responsibility of the other party and if there is still a legitimate case to be made for their part in the accident, courts can decide to still award compensation to the claimant. Often the courts will decide on a percentage of blame based on the actions of both parties and simply deduct a figure appropriate to this percentage if the claimant is partially at fault.
One of the biggest anxieties that faces bikers that have been involved in a traffic accident is the idea of assumed responsibility just from riding a motorbike itself. Because motorbike accidents and fatalities are statistically high when proportionally compared to other vehicles, bikers will sometimes assume that choosing to ride a bike is an act of accepting part of the responsibility for an accident that they may see as inevitable. But road traffic accidents are a serious incident regardless of the vehicles that either party is driving and if a biker has been the victim of an accident as the result of unsafe road practice from another party, it is paramount that they pursue the claim that is their legal entitlement.
If you have been effected by a motorcycling accident and seek legal advice, please feel free to get in touch with us today and call us on 0800 083 5500.