Our motorcycle accident solicitors deal with compensation claims using the no win no fee scheme. We offer free advice with no further obligation. If you have suffered personal injury in a motorbike accident just call our helpline or complete the contact form or email our lawyers offices. A motorcycle accident solicitor will give advice over the telephone and will consider liability and advise on the amount of compensation that you may receive. Our legal speciality is contested litigation and settlement of compensation claims relating to motorcycle accidents. Our team of solicitors consists of qualified personal injury specialists who deal exclusively with motor accident claims. Rapid Solicitors operate from offices in Adelaide, Canberra, Melbourne and Perth and will be pleased to give advice at no cost to establish whether or not you have a viable personal injury compensation claim. Do yourself justice – contact Rapid Solicitors without delay.
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 vast majority of motorcycle accidents are the result of negligent actions by drivers of four wheeled motor vehicles. Although in many cases a car driver involved in a collision with a motorbike will cite road conditions, equipment failure or the involvement of third parties, the car driver is usually, primarily at fault. Excessive speed, failure to see motorbikes and aggressive manoeuvres without adequate indication are the most common causes of accidents involving a car and a motorbike. Of these situations the most common and most dangerous incident relates to cars turning across the path of an on coming motorbike which the car driver has not seen. In this particular situation the unprotected motorbike rider is hit broadside on, often sustaining serious leg injuries.
Those who suffer personal injury in a motor accident caused by a negligent third party have a legal entitlement to a claim compensation however there are time limits. If the claim is not settled by agreement or continuing proceedings have not been issued out of a court of law within three years from the date of the accident then the opportunity to claim compensation may have been lost forever. Limitation issues relating to time are often complex legal matters and you should always seek qualified advice on the law in your state. Our motorcycle accident solicitors give free advice on time limits � just call our helpline.
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 mental 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.
Claims for compensation for personal injury caused by a motor accident can result in complex legal action. It is important that claimants are represented by qualified solicitors experienced in accident law who can help victims and their dependants receive the compensation to which they are entitled. If you instruct a motorcycle accident solicitor to represent you in your personal injury compensation claim, they will leave no stone unturned in their quest for the truth in order to establish where blame lies. They will zealously guard your position and will ensure that your legal right to claim compensation for personal injury is fully protected.
Whether or not the other party was at fault is not the only factor that affects the success of your motorcycle accident compensation claim. The civil courts will also consider the amount of responsibility, if any, the motorcycle rider bears with regard to the accident and their injuries. A motorcyclist who was not wearing adequate safety gear at the time of the accident would clearly be more likely to suffer serious injuries and an accident victim’s award can be reduced if the court finds that the victim’s own negligent behaviour contributed to their injuries.
The most important piece of safety gear for all motorcycle riders is a helmet. However not just any old helmet will do. Some of the helmets on the market are geared more towards style rather than safety. When shopping for and purchasing a helmet, motorcyclists should carefully evaluate their options. The purpose of wearing a helmet is to protect the most vulnerable parts of your body being your brain and skull. Adequate protection for your chin should be a top factor when purchasing a helmet. Many cyclists are surprised to learn that the chin is actually the area with the greatest chance of being injured at 35%. Next is the front cranium (22%) and third is the visor area (10%). The best option is a full-faced helmet.
Motorcyclists should perform routine inspections of their bike and promptly correct any problems they may find before taking the bike back out onto the road. Keeping your bike well-maintained is a critical component of motorcycle safety. A mechanical failure could cause or contribute to an accident. If part or all of the accident can be attributed to the rider’s negligence in failing to maintain their bike, then the value of a motorcycle accident personal injury compensation claim will be reduced or even denied.
Be sure that your tyres are in good condition. For example, check your tyre pressure before you ride your bike, even if you are only planning to make a short trip. It takes just a moment to ensure that tyres are properly inflated. Another thing to look for with regard to motorcycle tyres is the tread. Over time the tread on your tyres wear down. You can tell if it’s time to change your tyres by checking the wear indicator on the grooves.
It is also a good idea to schedule regular maintenance check-ups with your mechanic. Having your motorcycle tuned up on a regular basis will also help your bike run better. A mechanic may be able to detect problems that those without training could miss.
The most important piece of protective gear a motorcyclist should wear is a helmet. Without a helmet, a motorcycle rider’s head is extremely vulnerable to injury in the event of an accident. Make sure that your helmet is in good condition. Worn straps, for example, could break if put under strain, resulting in your helmet coming off during a collision. Another defect to watch out for is a scratched visor, which can impair your vision.
Another area of your body that is vulnerable to serious injury in the event of a motorcycle accident are your legs. Motorcyclists should be in the habit of wearing long pants and boots when riding their bikes. Strong boots can prevent your feet from being crushed. Gloves are also important because they provide protection for your palms. Palms are vulnerable to cuts and abrasions, largely because of our instinct to brace with our hands out flat during a fall.
Traditionally, protective clothing worn when riding a motorcycle is made of leather. Leather pants and jackets have long been a popular choice amongst motorcyclists for both protection and style. Synthetic materials which replicate leather in look and feel are now available, and most provide comparable protection to leather. The best protection is offered by clothing reinforced with Kevlar.
The author of the substantive medical writing on this website is Dr. Christine Traxler MD whose biography can be read here