Home to one of the largest and most prestigious road motorcycle races in the world; the Isle of Man TT (Tourist Trophy), the Island has been a hub for motorcyclists for many years. Motorcyclists are among the most vulnerable road users and with limited physical protection, they are at a significantly higher risk of serious injury in the event of a collision. Where a motorcyclist sustains injury as a result of an accident caused by the negligence of another road user (and the rider is not wholly at fault), they may be entitled to seek compensation by way of a personal injury claim.

Process

On the Isle of Man personal injury claims must typically be brought within three years from the date on which the accident occurred. It is therefore important to seek legal advice within that time if you believe you may have the grounds for a claim.

To determine the prospects of your claim an advocate will typically begin by ascertaining as much information as possible about the circumstance of the accident to determine whether another individual could be liable. This is done by establishing the following:

• Duty of care – that the other party owed you a duty of care (road users owe each other a duty of care); and
• Breach of duty - that the other party breached that duty of care; and
• Causation - that the breach directly caused the injuries.

Compensation

In personal injury claims, compensation is awarded under two categories: general damages, which address non-financial losses such as pain, suffering, and loss of amenity; and special damages, which cover quantifiable financial losses, including damage to property, medical expenses, and costs associated with any care and assistance required.

Motorcycle specific losses

Unlike other motorists, motorcyclists typically invest in specialist safety gear. If such equipment is damaged in an accident, it may form part of the special damages claimed. This can include:

• Motorcycle helmets – These must always be replaced following an accident, regardless of visible damage. Helmets are typically designed to absorb the impact of a single crash, one blow can damage the inner protective qualities;
• Leathers and other protective clothing – Jackets, trousers, gloves, and boots are all critical for rider safety and often damaged in an accident;
• Bike modifications and accessories – Custom parts and performance upgrades may carry significant financial value.

Navigating this process can be complex, especially in the aftermath of a motorcycle accident. M&P Legal have experienced advocates on hand that can assist with personal injury claims arising from motorcycle accidents.

This article should not be construed as legal advice, please take specific advice on the facts of each case. Finnola Martin is a Trainee Advocate at M&P Legal (advocates, solicitors and attorneys).

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