Motorbike Accident Compensation Claims

A motorbike accident can cause far more serious injuries than a comparable collision in a car, because a rider has so little protection. If you were injured in a motorbike accident caused by another road user, you may be entitled to claim compensation.

Motorbike rider

Expert Guidance in Bringing a Motorbike Accident Claim

With more than 30 years of experience in personal injury, the team here at McCarthy + Co Solicitors LLP has acted for motorcyclists injured on roads across Ireland. These types of cases often involve serious injuries and disputed liability, requiring specialist legal expertise and a thorough understanding of motorcycle accident claims.

Motorcyclists are among the most vulnerable road users. According to the Road Safety Authority, motorcyclists account for less than 2 per cent of licensed vehicles but around 10 per cent of road deaths, and are roughly six times more likely to be killed on Irish roads than other road users. Injuries that would be minor for a car occupant can be serious or life-changing for a rider, who may also be thrown from the bike or into the path of other traffic. A frequent cause of these collisions is simply that a driver failed to see the motorcyclist. Common causes include:

  • a car turning across the path of a motorcyclist, or pulling out from a junction without seeing them;
  • a driver failing to see a motorcyclist when overtaking or changing lane;
  • collisions when a motorcyclist is overtaking a right-turning vehicle;
  • loss of control on a bend, particularly at speed; and
  • hazards on the road surface, such as spilled diesel or oil, gravel, or potholes.

If you have been injured and would like to speak with a solicitor, complete our quick and confidential online form.

Who you can claim against

Who is responsible depends on the circumstances of your accident. Depending on what happened, a claim may lie against:

  • a negligent car, van, or lorry driver, whose compulsory motor insurance means compensation can be recovered regardless of their personal means;
  • a pedestrian who caused the accident, where their household insurance provides public liability cover;
  • a local authority, where the accident was caused by a dangerously designed or defectively constructed road, kerb, or barrier;
  • the Motor Insurers’ Bureau of Ireland, where the responsible driver cannot be traced, such as after a hit-and-run, or where a vehicle shed its load before you arrived; and
  • whoever sold or serviced your motorbike, where the accident was caused by a defective part or negligent servicing.

Because liability is often disputed in motorbike cases, it is important to instruct a solicitor early, so that evidence can be gathered, including, where necessary, a forensic engineer’s inspection of the scene.

Injuries in motorbike accidents

Because a motorcyclist is so exposed, the injuries in these accidents are often severe. They range from soft-tissue and neck injuries, such as whiplash, to fractures, particularly of the legs, feet, and pelvis, and in the most serious cases amputation or spinal cord injury. Head injuries are a leading cause of death in motorcycle collisions, which is why helmets, which substantially reduce the risk of serious head injury, are so important. We work with medical and other experts to make sure the full, long-term effect of your injuries is properly assessed and valued.

“When I first spoke to Liam Crowley he put me at immediately at ease with his patience, empathy and professionalism. Liam and his team were amazing. He kept me informed at all times. All I had to do was follow advise to achieve a great conclusion for damages and compensation for me.”
Stephanie Sedgwick

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Meet Liam Crowley

Liam Crowley is a partner at McCarthy + Co Solicitors LLP and leads our personal injury department. He has worked in litigation for almost 20 years, and in recent years he has acted almost exclusively for personal injury plaintiffs before the Circuit and High Courts, attending court venues throughout Ireland. He has handled many complex High Court actions involving multiple defendants and high-value loss of earnings claims, and he has managed investigations and claims in many wrongful death cases for families who have lost loved ones in road traffic and workplace accidents.

If you have been injured in a motorbike accident that was not your fault, and you would like trusted, attentive advice, you can contact Liam directly at liam@mccarthy.ie.

Liam Crowley, Personal Injury Solicitor

Frequently Asked Questions

Some of the questions we are often asked in relation to motorbike accidents.

Am I automatically entitled to compensation after a motorbike accident?

No. You can recover compensation only where it can be shown that your accident was caused by the fault or negligence of another party. Although research shows that most motorbike accidents involving another vehicle are the fault of the other driver, the law still places the burden on the injured rider to prove fault where liability is disputed. This is one of the main reasons that gathering evidence early, and instructing an experienced solicitor, matters so much.

What if the driver responsible cannot be identified?

You may still be able to claim through the Motor Insurers’ Bureau of Ireland, which deals with untraced and uninsured drivers, for example after a hit-and-run, or where a vehicle shed a load onto the road before you arrived. Strict conditions and time limits apply, including prompt reporting to the Gardaí, so take advice quickly.

Can road conditions be the basis of a claim?

Sometimes. Hazards such as spilled diesel or oil, gravel, or a defectively constructed road surface can cause a motorbike accident, and a claim may lie against whoever was responsible, whether another road user or a local authority. However, a local authority is generally not liable for an unrepaired pothole caused by ordinary wear and tear, so these cases need careful analysis and prompt inspection of the scene.

How is compensation calculated?

Compensation has two parts. General damages, for pain, suffering, and loss of quality of life, are assessed using the Personal Injuries Guidelines. Special damages cover financial losses, such as loss of earnings, past and future medical treatment, the cost of repairing or replacing your motorbike and gear, and other out-of-pocket expenses.

How long do I have to make a claim, and do I need a solicitor?

In most cases you have two years, less one day, from the date of the accident or the date of knowledge, and a written notice should be sent to the responsible party within one month. Given the serious injuries and disputed liability common in motorbike cases, a solicitor experienced in these claims can make a significant difference, gathering the evidence, instructing the right experts, and dealing with the Injuries Resolution Board and the insurers on your behalf.

McCarthy + Co Personal Injury Team CTA

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