I was hit by a drunken car driver one night and wanted to know about claiming compensation for injury in motorbike crash. I was thrown from my bike and suffered serious injuries.
Before any information is given, it must be said that claiming compensation for injury in motorbike crash may not be entirely straightforward. Motorcyclists are classed as “vulnerable roar users” as they are particularly at risk on the roads. Despite the fact that in Irish law motorbike accidents are treated the same as any other kind of traffic collision and therefore the injured motorcyclist is entitled to compensation, they are often seen as being more reckless than regular drivers — even when the accident was caused through no fault of their own. Because of this, it is highly recommended that you seek the assistance of a solicitor when claiming compensation.
As your accident was caused by a drunk driver, it could, but should not, be assumed that the case is clear cut and you should not automatically believe that your compensation for injury in motorbike crash would be successful. In cases such as this, where there may be a considerable time between the accident and the claim being made, it may well be that the negligent driver denies any responsibility. Even with witnesses and evidence, no claim is guaranteed and so there are several procedures that you can follow which will strengthen your case.
The first priority should not be the consideration of compensation for injury in motorbike crash but medical treatment. In cases of serious accidents, an ambulance will have been called to the scene but if it was the case that immediate medical attention was not apparent, those involved should still have been examined by a qualified medical practitioner.
If the Gardai did not attend the scene of the accident, it is important that you attend the Garda station and ask for the details of the accident to be recorded in their Accident Report Book. The documents recorded by both the doctor and the Gardai may be used later as evidence to support your claim.
To further support your compensation for injury in motorbike crash it would have been a good idea to use the camera function on your mobile phone — if possible — to record images of the accident scene and possibly the negligent driver’s licence plate. If necessary and relevant, CCTV footage can later be accessed.
The standard procedure at the scene of an accident is to exchange details, although in some cases this may not be possible. It is also worth noting that many motor insurance policies include the condition that there should be no admission of liability at the scene — even when it is clear that the other driver was at fault. Problems may arise later on as the negligent party’s insurance company may try to reduce and oppose your claim.
As you wish to pursue a compensation for injury in motorbike crash claim, it is highly recommended that you speak with a solicitor as soon as possible after an accident has occurred — following medical treatment. Most solicitors offer an initial consultation without charge where they can assess your claim and determine whether or not it is worth pursuing.