If you are injured while riding a motorcycle (or as a pillion passenger), you could be entitled to make an injury compensation claim. If you’d like to discuss your case with one of our expert motorcycle accident lawyers, call Smith’s Lawyers for a free and no obligation initial consultation on 1800 972 336.

Like most categories of compensation claim, motorcycle injury compensation is a specific area with its own applicable laws and regulations.

If you’re a motorcyclist or you know one, you know how vulnerable they and their passengers are on the roads.

Statistics show that motorcycle riders and pillion passengers in are:

• 41 times more likely to be seriously injured¹ in an accident than car occupants as a motorcycles offers far less protection.
• the majority of accidents are actually due to the fault of other road users such as drivers not seeing motorcyclists and turning into their path.

Common motorcycle injuries

Motorcycles offer far less protection than a car and therefore the injuries are often more severe.

• Leg and feet
• Road rash - this is more likely if the rider is not wearing protective clothing
• Head injuries
• Muscle damage
• Spinal cord injuries - motorcycle injuries are among the largest causes of new spinal cord injuries

Common causes of motorcycle accidents

These are some of the most common causes of motorcycle accidents

• Cars making left hand turns - this is the single biggest risk for motorcyclists on the road.
• Car changing lane into motorcycle (driver not checking blind spots)
• Car opening door
• Alcohol
• Excessive speed
• Inexperienced riders
• Collisions with pedestrians or property
• Poor visibility
• Poor road conditions.

Get expert advice now: Check your rights with no risk or obligations. Call 1800 266 801 OR request a call-back for free initial advice from our Principal lawyer Greg Smith & to arrange a home visit.

Where another vehicle is involved

Remember that there are some key steps to take and key timeframes for lodging a claim.

These include:

• Reporting the traffic incident to police.
• Noting the vehicle registration number and (if in Queensland) finding out its insurer through the Motor Accident Insurance Commission (don’t just get the driver’s phone number).
• See a doctor to assist with a Notice of Accident Claim Form.

For more information on timeframes, see: https://maic.qld.gov.au/how-to-make-a-claim/timeframes/

Be aware that the time you have to lodge a claim changes depending on your circumstances.  If the driver of the at-fault vehicle is identified, the time limit is different to when there has been a ‘hit-and-run’.   

It is critical to involve police in investigating an accident, especially when you are unsure of whose fault it is.  Do not assume responsibility when you are not certain.

What if I am involved in an accident while driving for work?

Working for a company like Deliveroo or Uber Eats, a motorcycle delivery driver gets hit by a motor vehicle driver who is at fault.  In this case, the driver is not an employee and WorkCover is not available.  He or she can, however, make a motor vehicle compensation claim.  Part of this claim may include the wages that they could have earned, had they not been injured.  These would be calculated on their average earnings before the accident occurred.  There would also be scope to claim under the insurance company of the driver at fault. 

What about accidents to and from work?

WorkCover may provide compensation if you are travelling to or from your workplace.

What about single vehicle motorcycle accidents?

Generally, compensation is only able to be claimed where the injury sustained is classified as catastrophic.  That means that the injured person requires lifetime care – for example, where a permanent spinal cord or traumatic brain injury has occurred.  This is available under the Queensland Government’s National Injury Insurance Scheme.  Compensation in this case is available regardless of whose fault the accident is.  There are, of course, conditions attaching to this.  For example, it is only available if the person has not already claimed and received damages for the injury.  An injured person may not be eligible as well, for example, where they suffered a pre-existing condition and that condition was not made permanently worse by the accident.

What type of things can I claim for?

This will depend on you as an individual and the circumstances of the accident.

Your claim might include things like:

• damage to your bike and gear
• medical and rehabilitation
• loss of earnings.

Any passengers suffering loss, injury or damage may also be eligible to make a claim.

Take-home messages:

If you are involved in a motorcycle accident, remember these critical points:

• Medical attention
• Key details including vehicle registration numbers and no admission of fault where you are not sure.
• Reporting to the police.
• Get the timeframes right.
• Remember your passenger.