Fatal motorbike accident compensation cases

This is one of the harder things to talk about, but with the increased risk of riders being fatally injured on our roads, it’s one we have to discuss and advise on.

With the lack of protection a motorbike offers, a rider is far more likely to be fatally injured in a motorbike accident, and that’s on top of the fact they’re often at a greater risk of being in an accident as a result of driver negligence anyway. If a rider is killed in a motorbike accident, there are avenues for compensation for the family.

Whilst this is not the sort of thing people are often thinking about, it’s something we can advise about as it can become very relevant in some instances.

The Fatal Accidents Act 1976

The Fatal Accidents Act 1976 is the relevant legislation that covers claims for compensation where a fatality has occurred.

If the deceased was the victim of someone else’s negligence – so in this case, a motorbike rider killed by the negligence of another road user – the Act essentially covers the rights of dependants for claiming compensation as a result of a fatal accident.

Again, whilst it’s not the first thing on anyone’s mind after a fatal motorbike accident, the Act is an important piece of legislation for the families of victims killed in such circumstances.

What compensation can be claimed?

Typically, there are bereavement damages, and potentially lost earnings claims.

The bereavement damages (as it stands at the date of this blog) according to the Act are set at £12,980.00. Lost earnings claims are often subject to the deceased’s employment situation, and its these damages that are usually the most important when it comes to the immediate family making a claim.

Typically speaking, it will be the deceased’s spouse or partner (within the meaning of the Act) or perhaps children who may be eligible for a lost earnings claim. Such claims are often subject to deductions to account for things like recoverable benefits a person may be entitled to, as well as being subject to the right the person had for any income the deceased was earning.

Each case is assessed on its own merits, but the importance of a lost earnings claim – in some circumstances – can be very important indeed.

What to do!

Again, we know it’s not the sort of thing anyone wants to think about when a loved-one is killed in an accident. At the end of the day, it’s an important topic to address as a bereavement claim can be very relevant for someone who is unable to earn an income if their partner is tragically killed in a motorbike accident.

Once you’re able to, seek legal advice if a bereavement claim is relevant for you.

We hope this information is useful for you.