Our motorcycle accident solicitors deal with injury compensation claims using the no win no fee scheme which means you do not have to pay your motorcycle accident solicitor for his time unless your case is won and you receive compensation. In most cases a rider who was not to blame will not have to pay anything at all, as the insurers for the negligent third party driver will pay compensation for losses together with all legal charges and expenses.
Thousands of motorcyclists are injured on Australia’s roads every year and most involve collisions with other vehicles caused by a negligent third party driver. The majority of motorcycle accidents occur at road junctions and the most common incident involves a car driver turning right into the path of an oncoming motorcycle. The other main category of accident involves compromised road surfaces and the party responsible for the construction, repair, maintenance, obstruction, condition or damage may be held liable in a motorcycle accident compensation claim if they have failed to take reasonable precautions to reduce the potential danger for road users. In some jurisdictions there is a non-fault compensation scheme in operation.
The ability of a motorcycle accident solicitor to recover damages in a compensation claim has a statutory time limit. The basic limitation period is three years from the date of the accident however there are exceptions to the general rule. For minors time does not start to run until the 18th birthday and for those with mental illness, time does not start to run until full capacity is regained.
The fact that there is a three year time limit does not mean that matters can be left until the last minute as most solicitors who deal with motorcycle accident compensation claims will require sufficient time to fully investigate matters prior to the expiry of the time limit, especially if they intend using the no win no fee scheme and will therefore be at financial risk.
Awards of damages in motorcycle accident compensation claims fall into two main categories known as ‘special damages’ and ‘general damages’ :-
Special Damages represents losses that can be calculated with a degree of mathematical accuracy and do not need assessment. This category includes past and future loss of income, damage to vehicles, care costs and other general expenses.
General Damages covers compensation for items that cannot be calculated on a mathematical basis and require assessment which includes pain and suffering, loss of lifestyle and compromised ability to perform necessary activities.
In some circumstances the drivers of both vehicles involved in an accident may be found to be at fault under the doctrine of ‘contributory negligence’. In these cases each driver will be deemed to be partially responsible and blame will be apportioned between them on a percentage basis. This does not preclude legal action by either party and a bike rider can still make a motorcycle accident compensation claim however damages will be reduced by the percentage that the biker is at fault.