How To Make Quad Bike Activity Personal Injury Claims

By Joanne Jeffries. Last Updated 26th October 2022. Welcome to our guide to quad biking accidents and injuries.  In this guide, we show how to make quad bike activity personal injury claims. Plus, we will look at the ways that someone could be injured whilst either using or working at an outdoor activity centre. We aim to simplify the legal process so that you understand how to make a successful and valid claim for a quad biking accident that caused you injuries. We also look at questions of what to do if mechanics arranged an accident repair, but it wasn’t fixed properly, leading to injury. Plus, we answer questions about quad bike accidents, such as ‘do you have to wear a helmet on a quad bike?’ and ‘What’s the personal injury claims time limit for launching a claim?’

Quad Biking Accidents – Could You Claim?

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Quad bike activity personal injury claims guide

Key legislation you should be aware of includes the Activity Centres (Young Persons’ Safety) Act 1995, which sets out the duty of care that outdoor activity centres owe to young people. The Adventure Activities Licensing Authority are a licensing authority supported by the Department of Work and Pensions (DWP); they regulate the safety practices of those who provide these kinds of activities.

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You might have questions about the process of claiming for this kind of injury. If this is the case, our advisors are available 24/7 to help you with any queries. Use the live chat feature on your screen to connect with our team now. Alternatively, you can:

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A Guide To Quad Bike Activity Personal Injury Claims?

Quad bike accidents could happen if activity providers ignore their duty of care to riders and do not adhere to their health and safety responsibilities. Their negligence could lead to:

  • Roll-over accidents
  • Accidents caused by hazardous terrain
  • Collisions
  • Quad bike component failure

You may have been involved in a quad bike accident abroad. If your quad biking activity was arranged as part of a package holiday, you could be protected under The Package Travel and Linked Travel Arrangements Regulations 2018. The act means that, if you’re injured because of negligence in an activity that was booked as part of a package holiday, you may be able to claim against the tour operator that you booked it through. 

If you have been involved in a quad bike accident and want to claim, you must gather evidence. There are different types of evidence you may use when making quad bike activity personal injury claims, including:

  • Medical Reports: Upon sustaining your injury, you should seek medical attention. Medical reports prove the extent of your injuries.
  • Photographs: Take pictures of the scene of the accident and your injuries.
  • Contact details: If anyone witnessed your accident, you should get their contact information.
  • Accident log: Activity providers should have an accident log. Register the accident to the perpetrator so that key details are documented.

What Are All-Terrain Vehicles And Quad Bikes?

A quad bike is a type of motorcycle that is often used off-road. The vehicle has four large wheels and may be used for recreation or farm work. It travels on low-pressure tires and is designed to travel on all types of ground. 

Our advisors could give you a free no-obligation quote on your claim and may connect you with our panel of solicitors if they think you have a valid claim. Use the live chat feature on your screen to immediately connect with our team.

Common Quad Bike Safety Hazards

In this section of our guide on quad bike activity personal injury claims, let’s look at common safety hazards which could cause a quad bike accident.

It’s worth noting that these safety hazards do not just affect people participating in quad biking, but also staff who may be injured in the workplace. The Health and Safety at Work etc. Act 1974 (HASAWA) sets out the duty of care that employers owe to employees. It states that they need to take all reasonable steps to ensure the safety of their employees.

Poor Personal Protective Equipment

Employees and participants should wear a helmet at all times when riding a quad. Helmets should be tested to make sure they are not faulty. A chinstrap is vital to keep the helmet on.

Clothing

Gloves can help you keep a good grip on the handlebars, particularly in cold weather. Ankle-covering footwear, such as boots, should be provided to give a good grip on the vehicle. Goggles also protect your eyes from insects, mud and wind. Activity providers may be liable for your injuries if they have not provided or instructed you to wear appropriate clothing.

Poor Maintenance

If quad bikes are poorly maintained by employers or employees, they could have faulty brakes or incorrect tyre pressures. Therefore, it is vital for activity providers to carry out regular maintenance checks on quad bikes to ensure they are working properly. 

If you are unsure whether a hazard was caused by the negligence of a quad bike activity provider, speak to our advisors. They can help clarify who was responsible for your accident.

Why Make Quad Bike Activity Personal Injury Claims?

Injuries that you sustain from a quad bike accident could have a detrimental impact on your quality of life. Rollover accidents can occur in quad biking activities due to travelling at high speed on uneven grounds or slopes. This kind of accident could cause a severe head injury.

There are other injuries you could suffer, such as:

  • A crush injury could occur if your quad bike overturns
  • Due to the mechanics of driving a quad bike, your head may be forcefully and quickly thrown back and forth which could cause whiplash
  • An eye injury could happen if you aren’t provided with goggles and you are hit by branches or flying debris 
  • A collision could cause a number of injuries, including a broken pelvis

If you have sustained an injury following a quad bike accident, you could claim compensation. However, you must prove that your injury happened as a direct result of the activity provider’s negligence. Please speak to our advisors for more information about the quad bike activity personal injury claims process.

Time Limit For Personal Injury Claims

If you intend to claim compensation for a quad bike accident, it is worth considering that there is a time limit for starting personal injury claims. Usually, for quad bike accidents, the personal injury claims limitation period, as per the Limitation Act 1980 would be 3 years. The personal injury 3-year time limit can start from the date of the accident or the date you connected your injuries with negligence. This is often referred to as the date of knowledge. 

Are there any exceptions to the personal injury 3 year time limit?

The three-year personal injury claims limitation period is different if someone is injured as a child. If this happens, then a parent/responsible adult could apply to be a litigation friend to claim on their behalf. They could have until the injured child turns 18 to do so. If they don’t make a claim on their behalf, the child will have until they turn 21 to start their own claim.

There are also exceptions for those lacking the mental capacity to claim for themselves. Please contact us to find out more about this. No matter what type of claim you’re making, we could offer free legal advice on how long you’d have to claim.

Quad Bike Safety And Personal Protective Equipment

While wearing appropriate Personal Protective Equipment (PPE) does not prevent accidents such as a rollover or collision, it can effectively reduce the risk of a fatality or severe injury. We’ve featured a table below on the PPE you could wear when using or working with quad bikes.

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PPE Notes
Helmet A helmet should also be worn and should be well fitted and securely fastened. A poorly fitted helmet may become dislodged and subsequently fail to adequately protect you.
Eye Protection Face shields and goggles prevent eye injuries when using quad bikes. Helmets should be fitted with visors or, if not, riding goggles which can be securely fastened.
Gloves Gloves protect your hands from abrasions and also keep your hands warm in cold weather.
Footwear Boots should fit well to make sure they do not slip off while you are riding a quad bike. Heels on footwear should also have a strop grip on the foot decks.
Clothing Abrasions to the body can be avoided if the arms and legs are covered. High-visibility vests are recommended when quads are used at night.
Hearing Protection Hearing protection should be used if the quad operates above 85 decibels.

Activity Centre Operators’ Duty Of Care

Activity centre operators should have health and safety measures to protect employers and visitors but if they neglect their duty of care, and you sustain an injury as a result, you might be eligible to make a claim. However, you must prove that the operators owed you a duty of care. If the negligent breach caused you harm, you might have grounds to form a valid claim.

Another important element to consider about the quad bike activity personal injury claims process is whether you are within the time limit. The Limitation Act 1980 states the time limit to make a claim is generally 3 years of either the date of your injury or the data you learned your injury was at least contributed to by negligence. 

Our advisors can offer a free valuation of your situation to see whether you have a valid claim. They are available to speak to 24/7.

How Much Could Quad Bike Activity Personal Injury Claims Be Worth?

Now that you have some understanding of how to make quad bike activity personal injury claims, you might be curious to know what your claim could be worth. General damages are the part of your compensation that relates to the pain, suffering and loss of amenity caused by your injuries. It is also possible to claim for financial losses caused by your injuries. We refer to this as special damages. 

Compensation tables can be an easy way for you to get an estimate of how much compensation you may be owed. We’ve taken compensation brackets from the Judicial College Guidelines (JCG) to give you an estimate using the table below. Legal professionals use the JCG to value injuries.

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Injury Compensation Range Notes
Moderate Brain Damage £150,110 to £219,070 Symptoms may include an effect on your sight, speech and senses and a moderate to severe deficit of intellect.
Minor Brain or Head Injury £2,210 to £12,770 If any brain damage occurs at all, it will be to a minimal degree.
Complete Loss of Sight in One Eye £49,270 to £54,830 Scarring and cosmetic impact determines the award within this bracket.
Minor Eye Injuries £3,950 to £8,730 There could be initial pain and some interference with your vision, although this would be temporary.
Severe Neck Injuries In the region of
£148,330
Your neck has little to no movement despite wearing a collar for 24 hours a day for a period of years.
Severe (i) Back Injuries £91,090 to £160,980 The spinal cords and nerve roots may be damaged leading to severe pain.
Serious Shoulder Injuries £12,770 to £19,200 Cases of soft tissue injuries fall within this bracket, particularly where intrusive symptoms are ongoing.
Severe Injuries to the Pelvis and Hips £78,400 to £130,930 You may suffer hip deformity resulting from, for example, extensive pelvic fractures.
Less Severe Injuries to the Elbow £15,650 to £32,010 Major surgery would not be required although injuries may affect the function of your elbows.
Less Serious (i) Leg Injuries £17,960 to £27,760 You may have a limp or impaired mobility.

Get in touch for a free valuation of your claim. If you have a valid case, you could be provided with a personal injury solicitor from our panel. 

Talk To Us About Making Quad Bike Activity Personal Injury Claims

Our panel of solicitors may offer their services on a No Win No Fee basis. A No Win No Fee arrangement, also called a Conditional Fee Agreement, involves no upfront or ongoing solicitor fees.

A No Win No Fee solicitor will deduct a legally capped percentage from your compensation to cover their costs if you receive compensation. However, if your claim fails and you receive no compensation, you won’t have to pay solicitor fees.

Speak to our team for more information on this type of arrangement. You can do so by:

Related Accident Claims

As we conclude this guide on how to make quad bike activity personal injury claims, we want to share some additional resources with you below.

Quad bike – The Health and Safety Executive offers guidance on riding quad bikes.

Rules – Government guidance on the rules of riding a quad bike.

Accident and emergency services – Find accident and emergency services near you.

Here are some more of our guides that you might find useful.

Spinal Injury At Work – This guide on compensation payouts for a spinal injury could be relevant if you work with quad bikes.

Loss Of Sight – Advice for when you have sustained an eye injury while quad biking.

Arm Injury – Find out how much compensation you could be owed for an arm injury.

Further Guidance On Quad Biking Accident Claims

Mechanics arranged an accident repair on my quad bike, but it wasn’t fixed properly, could I claim?

If mechanics arranged an accident repair on a quad bike, they would have a duty of care to make sure that the quad bike is safe to use. Should they not do so, and breach that duty of care, a quad bike accident could happen and it could cause injury.

In such cases, you may be able to claim against the mechanics for your injuries. If you would like to learn more about how to claim for such a quad biking accident, we would be happy to help you. We could assess your eligibility to claim. Our advisors could then advise you as to whether we could provide you with a No Win No Fee solicitor to help you claim.

Do You Have To Wear A Helmet On A Quad Bike?

The government has put in place various rules for people who own and operate quad bikes. They must be approved, registered, taxed and have an MOT to be used on the road.  Further to this, you cannot use quad bikes on the road if they do not meet road safety standards. You should check this with the manufacturer to make sure that they are approved. When it comes to the question of ‘do you have to wear a helmet on a quad bike?’ however, this is not a legal requirement, only a recommendation in England, Scotland and Wales.

Quad bike passengers, as well as drivers in England, Scotland and Wales, don’t have to wear crash helmets by law. However, it is recommended. If you are driving a quad bike in Northern Ireland, you must by law wear a helmet. If you do not do so, you could be fined up to £500.

What evidence do I need to claim for a quad biking accident?

The evidence you would need to claim for quad bike accidents is similar to that in road traffic accident claims. You would need to prove that someone breached a duty of care they had towards you. You would also need to prove that the breach caused your injuries. Evidence could include but is not limited to photographs of the scene and your injuries, independent medical reports. Furthermore, police reports and evidence of loss of income/medical and travel costs could help.

 

We hope you have found this guide useful. For any further queries on the quad bike activity personal injury claims process, connect with our team now. Furthermore, you could contact us for a free case assessment.