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I had a motor cycle accident in my early twenties when I was travelling on the back of my boyfriend's bike. A car pulled out and didn't see us at all. We were both thrown from the motorbike about fifteen metres. Stupidly that day I had chosen to ware a short skirt. I immediately regretted that as I had severe tarmac abrasions all up my legs. My boyfriend was in full leather which saved his skin so his injuries were minimum. My boyfriend had reservations about me travelling on the back with my skirt and tights on. But every week he would give me a lift when I was wearing leather or jeans and nothing happened. So the one summer evening I took a chance and wore a skirt the worst happened.
The women who caused the accident admitted she did not see us and told the police the same. This was vital evidence for our compensation claim and made the case run quickly and smoothly. I had never heard of compensation claims at the time and it was only my boyfriend at the time who was an American that told me we could claim back for the injuries and the cost of new leathers and crash helmets. Once a crash helmet has been in a crash it must be renewed.
Within a week of the accident we went and saw a solicitor with all the details of the accident including the police report reference number and the details of the women who caused the accident. We used legal aid to fund the personal injury claim and within 4 months we received money for all of our expenses. These expenses included our money to replace our damaged leathers and clothes, money to replace our crash helmets, money to touch up the scratches and damage to the motorbike. We were also compensated for the pain and suffering we went through. All in all we were repaid for everything and more so it was well worth going through the legal system to claim for compensation.
Nowadays there is no legal aid available for personal injury cased. This has been replaced a Conditional Fee Agreement which is better known as ‘No Win No Fee'. With the ‘No Win No Fee' agreement you can make a claim without having to make an upfront payment for the services of the lawyer. The legal costs are paid by the party responsible for the negligence or their insurance company. If in the event of the case being lost then there are some options available. Some lawyers have relationships with after the event insurers, which means that the legal company with provide an insurance policy. Most companies won't charge a premium for this although it worth checking as some companies might expect you to pay the premium.
It is important to remember that with the ‘no win no fee' agreements the lawyers are effectively working for nothing and just relying on their judgment that they will win the case, so in other words get paid for their work. They are not likely to take on a case they think they won't win.
If you are wondering if you might be entitled to compensation ask yourself the following question. Have you have suffered an injury which wasn't your fault in the last three years? If you answered yes then you will be entitled to compensation and it is your civil right to do so.
Motorcycling is perceived as an inherently dangerous activity, due to the high speed capabilities of the machines involved, and the relatively poor protection they offer. There are approximately 28,000 accidents involving motorcycles annually in the United Kingdom, which goes to show just how vulnerable motorcyclists can be on the road.
In order to try to prevent the rise of motorcycling accidents there are a number of things riders and fellow road users can do. For instance, it is important to make sure that bikers are wearing high visibility jackets or other appropriate clothing to ensure they can be seen by car drivers and other motorists. They should take up a good road position, again where they are clearly visible to all of the other motorists using the road, to make sure they can be seen when going round corners, or when overtaking. The main problem for motorcyclists is that they are obviously driving vehicles that are much smaller than normal cars, and therefore are harder to spot, especially when looking through mirrors. Of course, it doesn't help that many car drivers can be ignorant when they are on the road, and don't bother to even look for passing motorcyclists when manoeuvring. There have been recent hard hitting government advertising campaigns designed to highlight the dangers faced by motorcyclists on the roads, particularly other motorist's inability to spot them before turning corners, and passing through junctions.
Accidents involving motorcyclists can be devastating, as they do not have the protection a car offers. It is therefore essential to make sure that each time you go out on your bike you are wearing the advised protective clothing, such as leather pants, jacket and gloves, and preferably some form of high visibility outerwear. The helmet is probably the most important feature of a motorcyclist, and is required to be worn at all times when on a bike by law. Having a helmet in is probably the single most valuable weapon for preventing fatalities in accidents involving motorcyclists; don't wear one, and the risk of being killed in an accident rises by 40 per cent. Riders not only need to get themselves ready for the road, but the actual bikes they use need a large amount of preparation and maintenance as well. Even the tyres need careful consideration, such as size, type and pressure, which can all have an effect depending on the type of roads being ridden on. Finally, it is just as dangerous to be under the influence of drugs or alcohol when riding a motorcycle as it is in a car, and motorcyclists have more chance of involved in an accident when drunk or on drugs.
It is important for motorcyclists to make sure they report any accidents, however small, to their insurance companies and the police. Conditions can only be changed and improved if the people who can help are aware of the pitfalls and dangers that motorcyclists face, even down to such things as poor road maintenance, which is a big contributor to motorcycling accidents. It is each person's legal and civil right to make a claim; despite the fact that public perception sees the motorcyclist as the reckless driver, it is more often than not other road users at fault for accidents, and this needs to be highlighted in order for accidents involving motorcyclists to be cut.