Motorcycle Accident Liability
People rarely want to accept motorcycle accident liability even though they could be responsible for seriously hurting someone. This is no truer than in motorcycle accidents. Car drivers will put their "no-claims bonus" above any consideration for the injured or even dead motorcyclist.
As "road traffic accidents" the principles that are generally applied to all vehicle accidents are applied to motorcycle accidents. However, the application of broad principles by someone who does not know what they are doing can lead to negotiated settlements apportioning much greater liability to the motorcyclist than is justified or likely to occur if you go to Court.
Responsibility for an accident, referred to as "liability", is rarely clean cut. It often boils down more to what you can prove and how good your solicitor is than what actually happened. Motorcyclists are less likely to have witnesses, usually because they are the one lying in the road unable to move and any passenger may not have been able to see further than the rider, and often come up against prejudices within the system.
Statistics confirm that in 2/3 of collisions between cars and motorcycles, car drivers are at fault. This does not prevent the motorcyclist being regarded by many as a law-breaking underclass.
Whether the car driver was fully or only partly to blame, you can still claim compensation from them or their insurer.
The percentage split varies with each case, ranging from 0% to 100%. Insurers and their lawyers have been known to be selective in the law they put forward and weak solicitors often crumble in the face of this. We never settle liability without giving you full advice first and discussing the matter with you. Once we have advised you, if the other side will not come up to the level appropriate, we are happy to go to Court. We pride ourselves on being pro-active, positive and professional.
Less specialist solicitors will often advise the client to accept more responsibility than they should or even advise them there is no case at all. Additionally, they will often look to claim against completely the wrong person. Over the years we have taken over a large number of cases that have been heading either nowhere or in completely the wrong direction.
Our specialism provides us, and you, with an advantage. Over the years we have had to deal with arguments from whether a helmet or leathers need to be replaced after an accident to whether the insurer should report our client to the police as he had "magic mushrooms" at the time of the accident.
We are experienced trial lawyers who are used to dealing with all levels of motorcycle claims. We could be shy about our experience, but as motorcyclists ourselves we get frustrated with seeing what a poor service motorcyclists often get in the open market. Ring us for a no obligation discussion about your case on 01296 662770 during the normal working day or on 07973 424178 anytime.
Nothing beats talking to someone who knows what they are doing. However, you may find the following useful:
If you need our help, either e-mail us anytime, or call 01404 861868.
