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Category: Safety & Compensation

  1. Steps to Take if You Are Injured in a Road Traffic Accident

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    by Chris Macwilliam, Partner & Head of Litigation, Clough & Willis Solicitors

    Motorcycle riders are among the most vulnerable road users and, when accidents occur, the results can be severe. When you are involved in an accident, there are several procedures you should follow in the immediate aftermath to maximise your chances at recovery. If the accident was not your fault, you may also be entitled to compensation that can not only account for your pain and suffering, but act to minimise any financial losses.

    Compensation can help to make your recovery more comfortable, account for the costs of any damaged equipment and ensure you receive the best available treatment. Here, the team at Clough & Willis Solicitors explains the steps you should take if you have been injured in a road traffic accident to support your recovery and give yourself the best chance of securing compensation.

    Seek medical attention

    The first step you should take following a road traffic accident is to seek medical attention. Naturally, you should seek emergency care if you have been seriously injured, but this is important even if you do not feel that you have been injured, especially if you were riding a motorbike. Some injuries are hard to detect immediately but can have serious lasting consequences that emerge later, and motorcycle riders are particularly vulnerable to these types of injuries. A doctor will know what to look out for in terms of symptoms based on the nature of your accident, and may be able to diagnose and treat conditions that you would otherwise have been unaware of. 

    The other important reason to consult a medical professional is that your medical records can be used as evidence. Your doctor will make notes about any conditions or injuries they find, and this can be used to show a clear link between your accident and any symptoms that later arise. This can form a fundamental piece of evidence to support a claim, if you decide to pursue compensation for your injuries.

    Collect evidence

    If you are able, you should collect evidence at the scene of the accident. This usually includes the contact details of any eyewitnesses who saw the accident take place, but may also mean taking photographs and writing down any details you can remember, which can support your account later.

    You should take photographs of any elements that may have contributed to the accident (such as evidence of potholes or other poor road conditions) and any vehicles involved. If the accident was not your fault, you may be able to secure compensation not only for your injuries, but also for damage to your vehicle or equipment. As such, you should also document this damage and, if you can, find photographs of your belongings before the accident, which can help to show that the accident was the cause of the damage in question.

    This step applies to all road traffic accidents, not only those involving other vehicles. For example, if you are injured when your motorcycle collides with a pothole, you may still be entitled to make a claim. This is because local authorities are responsible for maintaining roads in UK towns and cities, and must ensure that conditions are as safe as possible. Generally, the only preconditions you must meet to make a claim are that you have been injured, and that someone else was responsible for your accident.

    The final type of evidence you should gather is receipts for any expenses related to your accident. This includes if you need to pay for private healthcare, any travel arrangements to and from medical appointments, and any lost earnings if you are forced to take time off from work to recover from your injury. With these receipts, you may be able to claim back these costs when making a compensation claim.

    Speak to a solicitor Once you have collected as much evidence as you can, speak to an expert personal injury solicitor. They will be able to advise you on whether or not you can claim, and help you to build your case - for example, by collecting witness statements or arranging for independent medical examinations. Where necessary, they can even advise you and help you to secure the best possible treatment for your injury. In most cases, any costs for private medical treatment can be included in your compensation claim, along with any expenses associated with travelling to and from appointments.

    A road traffic accident solicitor can begin the process of filing a claim on your behalf. There are strict deadlines associated with personal injury claims - any claims must be initiated within three years of the date of the accident, or they will usually be unable to proceed. If you have been injured in an accident and are unsure what to do, speak to a solicitor today to find out what your next steps should be.

     

     

    Article by Chris Macwilliam, Partner & Head of Litigation, Clough & Willis Solicitors

    Clough & Willis Solicitors

     

  2. 6 tips for motorcyclists to stay safe on the roads

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    Riding a motorcycle will offer you a unique experience that feels unlike any other. But although driving a bike comes with the benefits of easier parking, speed and low fuel costs, it also has an increased risk associated with it. Motorcycles are more exposed to accidents, and statistics show that each year, a high number of motorcycle riders are seriously injured or killed. For example, in 2020, the number of motorcyclists killed reached 4,308 in Great Britain. 

    To stay safe on the road, motorcyclists must act cautiously and always wear protective gear. Here is everything you need to know about motorcycle safety tips. 

    Get the right gear

    You will always have greater freedom on the open road on a motorcycle, but you will also be more exposed to hazards and dangers. If you get into an accident without wearing the right gear, the consequences can be fatal, and you could lose your life. But even if you are never in a collision, simple things might hurt you. For example, you might get hit by a rock on the road, which can have terrible outcomes when you are unprotected. 

    However, you will have an improved layer of protection if you wear the right gear. Here is the protective gear you need to have while driving your motorcycle.

    • Helmet: Motorcyclists should always wear helmets, as these simple items can really save lives. The risk of death increases if you don't wear a helmet, so don't take any chances and wear a high-quality one that meets the Department of Transportation Safety Standards. Most motorcycle fatalities cause head injuries, so you need to pay attention when you choose your helmet. Your helmet should fit your head properly, have zero slippage, no vision obstructions and cover most of your head. Also, remember that a full-face helmet will offer greater protection, so don't opt for windscreen models. 

    • Protective Clothing: Road rash can be a real threat, and the riders who have suffered the pain probably know this aspect. So, getting fortified jackets and riding pants will be better to make the burn less likely to appear.

    • Gloves: Your hands must also be protected while riding your motorcycle, as they can be exposed to all the road elements. So, it will be better to opt for high-quality gloves to keep your hands safe without impeding your dexterity.

    Boots: Sturdy boots are also essential to wear, as they ensure protection in case of a crash and protect your skin from the engine's heat.

    Maintain your bike in good shape

    Many riders leave their bikes in the garage and drive them only on special occasions. However, if you haven't used your motorcycle for some time already, you must check it and ensure it is in good shape before riding it, especially on long drives. 

    Even if you ride your bike daily, you should still give it a general safety inspection before you head on the road. Keep a list of things you must check, then inspect all the parts. For instance, you must see if your signals and lights are working properly. Then, you will need to check the tire pressure and ensure there are no signs of loose parts or damage anywhere on the bike.

    Look twice

    This tip might be more suitable for car drivers, but motorcycles should also double-check to ensure they are safe and will not get involved in a car accident. Motorbikes are smaller than cars, making them harder to see. This is why numerous motorcyclists get involved in an accident, as the other drivers don't check enough their environments and miss motorbikes. 

    Most motorcycle accidents are caused by car drivers. So, even if motorcyclists respected all the legislation and kept their distance, they might still get involved in an accident because of another party's negligence. Although motorbikers can get compensation if they were involved in an accident that didn't happen because of their fault (check out more at www.personalinjuryclaimsuk.org.uk), it is better to double-check to reduce the chances that an accident will happen. 

    Pay attention to the weather

    You also need to check the weather, as adverse weather conditions are one of the reasons why motorcyclists get involved in an accident. So, look at the weather before, especially if you are going on a long road. Motorbikes are not as solid as the other vehicles, so riding in adverse conditions can be more dangerous. Additionally, because there are only two wheels, the traction and visibility during rain are reduced, which can lead to more accidents. 

    Therefore, you should always check the weather and postpone your trip if there is heavy rain or snow.

    Leave sufficient space

    One of the most common mistakes drivers make is not leaving enough distance behind the vehicle in the front. This is also important for motorcycles, as even though a bike stops faster than a car, it still needs a fair bit. For example, a motorcyclist driving at 70 mph will need around 245 feet to brake. 

    Ride sober and alert

    It should go without saying that driving under the influence of alcohol and drugs is never a good idea. Also, you shouldn't ride if you are overly stressed or sleep-deprived. The risks in doing so increase for each person, but especially for motorcyclists who need to have a fast reaction time and be at their full faculties. 

    The other driver participants often ignore motorcyclists, so they need to ride with more attention to ensure they stay safe. But that can't be done when a person is exhausted or tired. 

    Conclusion

    Riding a motorcycle can be an exciting and pleasurable experience. Still, you need to understand the risks you expose yourself to and take precautions to reduce the chances that an accident will happen. Wear your gear, always check your environment, and be alert so that nothing bad will happen to you.  

     

     

    Image source - Image by Freepik 

     

     

    article supplied

  3. The Law On Motorcycle Personal Injury Claims

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    Motorcyclists are widely known to be at greater risk of accidents and injuries due to their lack of protection compared to car drivers. This is also confirmed by statistics from the Motorcycle Legal Foundation which report that motorcycle accidents have an 80% injury or mortality rate, while car accidents have only 20%.

    If you have had a motorcycle accident, in addition to any injuries, you may also be facing mounting medical expenses, rehabilitation costs, and other unexpected financial burdens and losses. To help you with these matters, motorcycle accident lawyers like those at Sadaka Law can help you build a strong personal injury claim and receive the compensation you may be entitled to. In this article, we will outline the legal aspects involved in making a personal injury claim for a motorcycle accident.   

    Proving Negligence

    Success in a personal injury case typically requires proving that the other party's negligence was the cause of the accident and resulting injuries. The burden of proving this will lie with the claimant. This will involve establishing that the elements below apply to their claim:

    ● Duty of care: This means proving that the at-fault party had a legal obligation to act in a way that reasonably ensured the safety of the injured motorcyclist.

    ● Breach of duty: The at-fault party failed to take reasonable steps to prevent harm by acting negligently or recklessly.

    ● Causation: The breach of duty directly caused the accident and the subsequent injuries and losses suffered by the claimant.

    ● Damages: The injured party suffered measurable damages for which they can be compensated such as medical expenses, lost earnings, pain and suffering and property damage.

    Collecting evidence such as video footage, witness statements and police reports can help claimants establish these points and build a strong personal injury claim.

    Mitigation of Damages

    While the at-fault party may have a duty of care toward the claimant, the claimant has a duty to mitigate their losses. This legal doctrine prevents an injured party from recovering damages for losses that were reasonably avoidable but which they failed to avoid. The doctrine encourages a fair and just award for damages is made, ensuring that claimants do not profit from their own unreasonable or unwilling actions or omissions.

    For example, an injured claimant who fails to heed the advice of their doctor in receiving rehabilitation for their injuries may see a worsening of their condition. The duty to mitigate may reduce the amount of compensation the injured party is eligible to receive for their injuries on the basis that they did not take reasonable steps to minimize their losses.

    Mitigation as a Defense

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    It is worth noting that the duty to mitigate is sometimes raised as a defense by the at-fault party in an attempt to lower the amount of compensation they owe or to avoid liability altogether. In this situation, the burden will be on them to prove that the claimant failed to take reasonable steps to avoid or minimize their losses. It will then be the claimant’s responsibility to refute such claims by putting forward evidence to show they made proactive efforts to mitigate their damages.

    The guidance outlined here can help those involved in a motorcycle accident to put together a robust claim for compensation.

     

     

     

     

    article supplied

  4. 6 tips for motorcyclists to stay safe on the roads

    Posted on

    Riding a motorcycle will offer you a unique experience that feels unlike any other.

    Although driving a bike comes with the benefits of easier parking, speed and low fuel costs, it also has an increased risk associated with it. Motorcycles are more exposed to accidents, and statistics show that each year, a high number of motorcycle riders are seriously injured or killed. For example, in 2020, the number of motorcyclists killed reached 4,308 in Great Britain. 

     

     

     

     

    Image source - Image by Freepik 

     

     

    article supplied

  5. Motorcycle Rider Development and Safety

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    All motorcyclists believe they are a good rider but, in 2021, 20% of all road fatalities in the UK involved a motorcyclist. (Source: Gov.uk)

    So why is this happening? The fatal five reasons for deaths on the road are:

    1. Not wearing a seatbelt (of course not applicable to motorcyclists, but still important to note)

    2. Riding whilst under the influence of drink or drugs

    3. Careless or dangerous riding

    4. Excess speed

    5. Using a mobile phone (even handsfree)

    As a motorcyclist there are a number of things we need to do and check in order to prevent any accidents on the road, particularly fatal accidents.

    Before setting out on a ride, always ensure your personal protective equipment (PPE) and bike are ready for the ride. This includes ensuring your helmet fits properly, is fastened securely and make sure the visor is kept clean.

    All biker clothing needs to fit properly; make sure you fasten the zips, even in hot weather, and wear season appropriate clothing. In terms of your motorcycle, check your tyres, the fluids (leaks and levels) and any wear and tear on the machine itself.

    Safe bike control

    When out riding, ensure safe bike control, particularly when approaching hazards. Position yourself on the best part of the road (without compromising your safety). Adjust your speed according to the road and ensure you’re in the correct gear for the speed, only applying acceleration when appropriate. Don’t use your gears as brakes as this can upset the balance of the bike and either slow you too much (too low a gear) or not slow you enough (too high a gear).

    Hazards on the road

    Before you change lane, position or speed, you need to know what is happening in front where you can’t see and also to the sides and to the rear of you. We always need to be actively looking for warnings. Continually assess your route, the view and hazards may be constantly changing. Match your speed to the hazard; consider what you can’t see, not just what you can. Travel at a speed that you can stop safely on your own side of the road. Ride in the position that allows you to negotiate hazards safely and look for the best bit of the road surface where you would like to be.

    When can it go wrong?

    1. Poor overtaking

    Poor overtaking can lead to accidents such as if the rider hasn’t considered that a car may pull out and cross the path of the bike or the car is about to turn right. Good overtaking occurs when you move your position so you can see ahead. If it is clear, accelerate, consider a headlamp warning, and accelerate past the car, gradually regaining position in your lane.

    2. Insufficient observations

    Poor observations or riding too fast can also lead to having insufficient time to react. By increasing the speed of your bike, you are effectively reducing the amount of time and distance you have to react and respond to events you are travelling into.

    In summary, we need to do the following:

    · Motorcycle Safety Checks – Do we do them enough?

    · Consider your style of riding – Are we safe and smooth?

    · Observation techniques – Do we actively try and see everything?

    · Hazard perception – To react to it, you must be aware of it.

    · The safest method of filtering – Do we have to be in such a rush?

    · Going for the overtake – Is it on? Can we make it safely? · Rider training – a decision only you can make; use BikeSafe, RoSPA or IAM.

    · If it goes wrong – get specialist legal advice with Potter Rees Dolan, a Hugh James Business.

     

    Potter Rees Dolan, Motorcycle Serious Injury Solicitors, England