A 1996 Transport Research Laboratory study 'Comparison of Hospital and Police Casualty Data' suggests that up to 80% of all reportable cycle casualties may be missing from the police records (Roadpeace Safety First, Issue 11, Winter 2002). This is why we feel it is important for you to have a greater understanding of the types of claims that can be made, as you may have been involved in a collision or accident which you blamed  yourself for, unknowingly liberating the guilty party from the responsibility of their actions.

At the root of this is ensuring that your incident does not go unreported by the police. Insist that a report is made, even if insurance details have been exchanged or the incident is considered to be minor. If the driver is uninsured or fails to stop, immediately report the motorcycle accident to the police, as there may be circumstances in which your claim will be dealt with by the Motor Insurers Bureau, in which case there are strict time limits applicable that may affect your claim.

Accidents with Other Vehicles

The most common types of accidents are those involving another vehicle and/or pedestrian, accidents that are the direct result of a defective surface, (i.e. pot holes in the road, drain cover missing, etc), and accidents that are the result of a failure in equipment, whether that be your bike, the offenders car, or safety equipment. For a successful claim it is our duty to prove the driver's negligence in law, which is not difficult in most cases.

Typical Causes

• You injure yourself trying to avoid another vehicle.
• You collide with a vehicle pulling out of a side road.
• A vehicle steers directly into your path.
• A vehicle drives into your rear.
• A vehicle collides with you whilst they are overtaking.

These are some of the most common causes of a traffic collision, but  this list is not exhaustive, and there are many other causes of minor, serious and catastrophic injuries that can result in an accident claim.

Accidents Involving Defective Surfaces

Being on two wheels, you are always at risk of losing balance, and the threats to a motorcyclist are not just limited to reckless and thoughtless car drivers, but also arise from the road itself. Pot holes, missing drain covers, protruding objects and many other hazards could provide a tricky obstacle and potentially result in a serious accident.

Our team of personal injury lawyers would need to carefully obtain as much information as we can regarding these claims, and prove beyond doubt that the road was to blame for your injury. For this we would first prove that the area is a clear hazard to the public using it. A useful guide for accidents caused by protrusions and divots on pavements  is the 1 inch guideline, and although there is no set rule for roads, this is always a useful measurement to consider.

This is generally the smallest of our challenges, as in most cases it will be obvious whether the area is a danger to users or not. Regardless of the level of the injuries you sustained, it is always useful to obtain some photos of the area, as these are usually irrefutable evidence of the danger posed. If you are injured to the extent that you can not take the photos yourself, we would highly recommend that you get a family member or friend to take them, and with some urgency, as the Council or regulatory body responsible for the highway will be keen to carry out  repairs as soon as they hear of an accident.

Once we can prove the existence of the hazard, it is then necessary to prove that the Council or body responsible for the road either a) Knew of the hazard and took no action to resolve it, or b) Were unaware of the problem but were not carrying out regular checks of the roadway to ensure its continued safety. This is normally the more difficult area of the claim, as they will be unlikely to facilitate any enquiries. So ascertaining whether they have checked the safety of the roads regularly enough can be problematic, but far from impossible.