At Baxter Mimnagh Solicitors we understand that motorcycle accidents can result in tragic outcomes that may last a lifetime.
With more than 30 years of personal injury litigation experience, our personal injuries solicitors have represented clients who have suffered devastating injuries and losses such as the below.
- Severe neck trauma,
- Brain Injury
- Spinal cord and neurological injuries
- Limb amputations
- Severe burns to the face and body
- Fractured bones
- Debilitating pain and suffering
- Medical and rehabilitation costs
- Loss of income and earning capacity
- Emotional distress
Motorcycle riders are more susceptible to serious bodily injuries than car accident victims because they do not have nearly as much protection. As a result of being injured in a motorcycle accident, victims may have to deal with costly medical bills, loss of income, as well as emotional pain, physical pain, mental suffering, and PTSD. It goes without saying that recovery from a motorcycle/bicycle accident is a long process.
Motorcycle/ Bicycle accidents are generally caused by negligent drivers, poor road conditions, and even defective motorcycle parts.
If you have suffered injuries after a motorcycle accident, you may be entitled to damages for:
- Emotional distress
- Lost wages
- Medical bills
- Property loss
- Pain and suffering
- Loss of consortium
- Loss of earning capacity
A negligent party will usually be held liable for any injuries caused to a motorcycle rider. In order for an aggrieved motorcycle accident victim to recover damages, they must show that the driver was negligent.
This includes proving that:
- The driver owed the motorcyclist a duty of care
- The driver breached his or her duty of care through negligence
- The driver’s negligent actions were the significant factor that caused the motorcyclist’s injuries
Why Motorcycle Accidents Occur
Motorcycle accidents typically occur as the result of another party’s negligence or wrongdoing. Some of the most common causes of accidents include the following:
Negligent drivers who fail to exercise reasonable care on the road or breach driving laws. For instance, distracted or careless drivers often make turns in front of motorcyclists who are traveling straight, hit motorcyclists head on or from behind, and obstruct motorcyclists’ paths by making unsafe lane changes. As a result, motorcyclists often suffer serious injuries or death because they don’t have the same protection as the driver of a vehicle.
Manufacturing Defects or Design – Manufacturers can put motorcyclists at risk when they produce or sell defective parts such as brakes that fail, faulty tyres and rims, a leaking petrol tank, or an engine that fails and stalls the bike. Motorcycle parts can also be damaged by the distributor or supplier, and then installed on motorcycles leading to possible accidents. The motorcycle may also have a defective design such as when a bike “wobbles” at high speed.
Poor Roadway Design and Maintenance – Government agencies such as cities, counties and towns may design a roadway that is unsafe causing a motorcyclist to lose control and crash. The agency may also fail to maintain safe roadways leaving motorcyclists to encounter large pot holes, debris, poorly established construction zones, insufficient street lighting, uneven pavement, unsafe junctions, or lack of sufficient hazard warnings.
If you were harmed or lost a loved due to another party’s negligence, you may have the right to pursue a legal action. At Baxter Mimnagh, we provide the following personalised services to all of our clients:
- Help with identifying the responsible party, be it another driver, a motorcycle manufacturer, or in the case of a roadway design problem, the responsible municipal entity
- Evaluation of your legal rights to help you determine whether or not you should pursue a claim
- A close working relationship with one of our highly skilled personal injury solicitors
- Coordination with your medical providers to help ensure you receive the medical attention you deserve
- Communication with the other party’s insurance company
- Assistance in securing just compensation for your injuries.
Cyclists are one of the most vulnerable road users. The increasing popularity of cycling over the last number of years have seen a dramatic increase in cycling accidents. A survey conducted by the Road Safety Authority documented an increase in cycling accidents up to 59% year on year. https://www.rsa.ie/Documents/Fatal%20Collision%20Stats/Analysis_of_road_user_groups/Review_of_Cyclist_Injuries_2012.pdf
Unlike many other road users, cyclists are rarely covered by insurance, which means that cycling accidents can not only cause significant injury but can also have a huge impact on their personal finances due to loss of earnings, damage to your bicycle, extensive medical bill etc. It is also possible to claim compensation for such expenses. If you are a cyclist who has been injured as a result of the negligence of a driver or another vehicle you may be entitled to claim for personal injuries and expenses. Baxter Mimnagh Solicitors will aim to assess your claim within 24 hours. Our friendly and approachable team will assist you through each part of the claim to ensure you receive exactly the amount of compensation you deserve.
What Are The Most Common Bicycle Accident Injuries?
The list of potential cycling accident injuries includes but is not limited to:
- Broken bones
- Muscle strains and tears
- Ligament damage
- Soft tissue injuries
- Head injuries
- Road rash (surface injuries to the skin)
- Psychological trauma
What is the time limit for bringing a cycling accident claim
Time limits in regards to submitting bicycle accident claims are set out in the Statute of Limitations Act which states that a claimant has two years from the date of the accident in which to submit their claim. After that two year period a claimant cannot pursue a claim unless in exceptional circumstances of disability.
Can I Sue for Poorly Maintained Roads?
Poor road conditions can easily cause a rider to lose control and crash. Poor road conditions that may cause a motorcycle/ cyclist accident include:
- Water leaks
- Loose gravel
- Raised asphalt
- Broken cement
- Uneven footpaths
- Damaged road signs
- Damaged light posts
Every property owner has a duty to repair road conditions that may lead to a motorcycle crash. If a local council fails to maintain their roads in good condition, it may be held liable for injuries or damages caused.
Local County Councils are all required to maintain their property in reasonably safe conditions. This includes:
- Inspecting their property
- Maintaining their property
- Repairing potentially dangerous conditions
- Giving enough warning about any dangerous conditions
If you are filing a personal injury claim against the council, you must prove that:
- The motorcycle rider was injured
- This property already had hazardous conditions when the accident occurred
- Hazardous conditions were the significant factor in causing a motorcycle rider harm
- These hazardous conditions created a reasonably foreseeable risk for the injury that was suffered
- The property where you were injured was owned/controlled by the council or a government agency
- The council or government agency was aware of the hazardous conditions for enough time to take reasonable action to address it
Available damages will typically vary depending on the seriousness of your injuries. The most common types of bicycle accident injuries include:
- Broken bones
- Dental fractures
- Internal bleeding
- Strains or dislocations
- Head and neck Injuries
If you have been involved in a motorcycle accident, you may be unsure about your legal rights and have great concerns about your future. Please do not hesitate to contact us today at 043-3345956 for a free consultation, even if you are not sure who is at fault. At a time like this, you need the services of a personal injury solicitor to help provide you with experienced legal guidance and representation.