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compensation following an accident
illness or injury - nationwide
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One thing that can deny a rider 100 percent compensation for a motorbike accident claim is proof of "contributory negligence"
In short, this means that if a claimant is involved in a motorcycle crash that has been caused, in part, by his or her own actions, he or she will receive only a proportion of the maximum possible compensation payout. For example, if the claimant is considered 40 percent responsible only 40 percent of the maximum possible entitlement will be payable.
However, it is also possible for an accident to be 100 percent the responsibility of a defendant and for a claimant's settlement to still be compromised.
A good illustration of this point would be the case of a collision between a car and a motorbike being ridden by a non-helmet wearing rider. Even if it is proven that the accident itself has been caused by the actions of the car driver, if the rider suffers head injuries, it is more than likely that his or her motorbike accident claim settlement will be reduced on the grounds of contributory negligence.
After all, Rule 67 of the Highway Code states: "On all journeys, the rider and the pillion passenger on a motorcycle, scooter or moped MUST wear a protective helmet."
There is no ambiguity of exception in this rule, which would make it very difficult for even the best no win, no fee lawyer to make a case for 100 percent damages. Typically, settlements will be reduced by around 20 percent in these circumstances.
However, this does not mean that the mere fact of not wearing a helmet automatically disentitles a claimant to 100 percent damages. In fact, such reductions are only made in cases where it can be proved that not wearing a helmet has been a factor in the severity and type of injury sustained.
Make a cost free motorcycle accident claim
Motorcycles only account for 1 percent of all road traffic in the UK yet they account for a disproportionate number of motorbike accident claims.
In the main, this is because of the relative vulnerability of riders but it is also because of the recklessness and inattention of many four-wheeled motorists; in some cases it is also attributable to the reckless riding of a small minority of riders.
If you have suffered personal injury in a road accident that you believe to have been, at least in part, caused the actions of another party, our skilled advisors can help you determine whether you might be entitled to receive compensation.
Should, following this consultation, you decide you'd like to proceed with a claim, we will ensure that you are represented by a leading solicitor who will pursue your case free of charge. This means no costs, no fees and no disbursements will ever be incurred by you.
To find out more about how our service could benefit you, echat, complete an online claim form or call us, on 0800 10 757 95.
