Motorcycle Pillion Passenger Accident Claims Guide – How Much Could I Claim For A Passenger Accident?

By Danielle Griffin. Last Updated 18th November 2022. Welcome to our guide on motorcycle pillion passenger accident claims. It explains how a motorbike accident could happen, and how a motorcycle accident could injure more than just the rider.

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Motorbike accident claims

A motorbike pillion is a seat or sitting place behind the main rider’s seat on a motorcycle, scooter or moped. Motorcyclists and pillion passengers are more vulnerable to being injured in road traffic accidents than people using cars, vans and other larger vehicles. If you have been injured due to a motorcycle pillion passenger accident, you may be owed compensation for your injuries. Whether your pillion passenger injury was caused by the motorbike rider, another road user, or substandard conditions on the road, you may be able to claim compensation.

If you have any questions about motorbike accident claims, get in touch with our advisors. To speak to us:

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A Guide To Claims For Motorbike Accident

Welcome to our motorcycle pillion passenger claims guide. Motorbike pillion passengers are more vulnerable than many other road users. Unlike people riding in a car, their vehicle does not have an exoskeleton to take on the full force of the impact. Their vehicles are small and narrow, making them harder for other road users to see. The passenger is also dependent on the rider to make the right decisions for them on the road.

We have created this motorcycle passenger accident claims guide for a pillion rider who was injured. If you have a child under the age of 18 who has suffered a pillion passenger injury, you can also claim compensation on their behalf. In this guide to claiming compensation for a motorcycle pillion passenger accident, we will explain what sort of injuries they can cause and will advise you on how to make a personal injury claim.

Call our advisors to learn more about claiming motorbike accident compensation.

What Are Motorcycle Pillion Passenger Accidents?

Before we look at motorcycle pillion passenger claims, let’s look at what these accidents could look like.

A motorcycle accident or motorbike accident is when a motorbike experiences a collision with another vehicle, an object, or motorcyclist falls off their bike. Here are some examples of when a motorcycle accident can happen:

  • A motorbike rider loses control of their vehicle and hits a static object such as a lamppost or a tree. This may happen because the rider is distracted or intoxicated.
  • A motorcycle has a collision with a car or another vehicle. This is due to an error in judgement or negligence on the part of the rider or the driver of the other vehicle.
  • Poor road conditions cause the motorcycle to fall or flip. This can include a spillage on the road, which causes the motorcycle tyres to lose their grip on the road.

A motorcycle pillion accident is a road traffic accident in which the motorbike passenger who sits on the pillion (seat behind the rider’s seat) is injured.

Proving How Your Pillion Passenger Accident Took Place

When making motorcycle accident claims, it’s important to provide evidence that shows what happened. You should be able to prove who was to blame for the injuries sustained and also prove the injuries were caused by the accident.

Evidence to support your motorcycle pillion passenger accident claim could include:

  • Photographs or videos of the accident scene.
  • Defendant’s contact details as well as their vehicle’s details. Also, ask them for details of their insurance company and policy number.
  • Witness contact details.
  • Medical records.
  • Injury photographs.
  • If the emergency services attended the accident scene, note their details so you can request copies of their reports later on.

Additionally, you may wish to seek legal advice from a No Win No Fee solicitor. They can support your motorbike accident claim by gathering evidence and taking statements from witnesses.

Every motorcycle accident claim is different; evidence not listed here could also be helpful to you. You can discuss the validity of your motorcycle passenger claim and what evidence you would need to support it with our advisors.

The Highway Code And Motorcycle Road Safety Laws

The Highway Code has rules and regulations when it concerns motorcycles. These should be followed to reduce the risk of harm to other road users.

Some of these rules include:

  • If you are riding pillion, you must wear a helmet. Also, eye protectors, such as a helmet visor and suitable clothing, such as a leather jacket, should be worn.
  • There must not be more than one person riding pillion.
  • Bright clothing colours are suggested for daylight riding and reflective clothing for after dark.

If you are injured due to negligent driving, you might be able to make a motorcycle passenger claim. Free legal advice about how to claim after a motorbike accident is available from our advisors.

Duty Of Care Owed By Motorcyclists To Pillion Passengers

In order to have grounds to make motorcycle pillion passenger claims, you need to prove that the third party responsible failed to uphold their duty of care to you. But what is this duty?

Motorbike riders owe their passengers and other road users a duty of care. This means that they are supposed to take every measure possible to uphold their safety. When they agree to take a passenger on their bike, they assume responsibility for their safety. This means fulfilling the requirements for carrying a pillion passenger and riding in a safe and responsible manner. If a passenger is injured due to negligence on the part of the motorbike rider, the rider could be held liable for any injuries caused.

Motorists who drive cars, vans and other vehicles also have a duty of care. If a motorist causes an accident in which a pillion passenger is injured, they may be held liable for their injuries.

Motorcycle Passenger – What Injuries Could They Sustain?

If a motorcycle pillion passenger is involved in a road traffic accident, they could sustain significant injuries.

Below we have featured some potential motorbike pillion passenger injuries:

  • You could suffer a whiplash injury if a vehicle hits the back of the motorbike, causing you to suddenly jerk forward
  • If a motorbike crashes into an oncoming vehicle and you are flung forward, you could suffer a traumatic head injury upon collision
  • The impact of a motorbike crash can cause you to suffer a neck, spinal or back injury
  • The trauma of the accident could leave you suffering mental health injuries such as post-traumatic stress disorder (PTSD)

If you were injured riding pillion due to the negligence of another road user, you could potentially claim motorcycle passenger compensation. Our solicitors are experienced with various types of claims and could potentially help you.

Claiming For A Motorbike Accident That Was Fatal

If you have lost a loved one in a motorcycle pillion passenger accident, you could make a claim for compensation if the accident was not their fault. The compensation you receive could assist with funeral expenses, and you could even be awarded a bereavement award. In some cases, dependants of the person who has passed away could also receive compensation for the loss of financial support they experienced due to the wrongful death of their loved one.

Motorcycle Pillion Passenger Accident Compensation Claims Calculator

You may wish to use a personal injury compensation calculator to assess the value of your motorcycle pillion passenger accident claim. However, a motorbike accident compensation calculator may not consider all aspects of your riding pillion claim. We’ll examine what else could be included in a road traffic accident claim below.

If you successfully claim, you will be compensated for your pain and suffering. This is called general damages.

The Judicial College Guidelines (JCG) provide bracketed figures for assigning value to general damages. Legal professionals use this source when calculating general damages. We’ve included a few examples in the table below.

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Type Of Injury Seriousness Settlement Comments
Back injury Moderate (i) £27,760 to £38,780 Instances where residual disabilities to the claimant are less severe than higher categories. There may be a wide range of injuries included within the category such as crush injuries, fractures and compression of the spine.
Severe Leg injuries Moderate (iv) £27,760 to £39,200 Including either multiple or complicated fractures or crushing injuries to (generally) a single limb.
Pelvis and hip injuries Moderate (i) £26,590 to £39,170 Those classed as moderate, at this level there may still be significant injuries to the hips and pelvis.
Neck injury Moderate (i) £24,990 to £38,490

 Including injuries to the neck such as a dislocation or a fracture which caused immediate symptoms. Chronic conditions may also be included in this category. The claimant may be more vulnerable to further injury in the future.
Neck injury Moderate (ii) £13,740 to £24,990 Including cases in which a wrenching type injury has happened to the soft tissues of the neck or disc lesions. There may be permanent pain, discomfort or stiffness.
Neck injury Moderate (iii) £7,890 to £13,740 Including injuries to the neck which exacerbate or accelerate existing conditions in the neck. May also include moderate soft tissue injuries where the recovery may be over a longer period of time.
Elbow injuries Less Severe £15,650 to £32,010

 Elbow injuries which might impair the elbows function but which does not need major surgery.
Foot injuries Moderate £13,740 to £24,990 Fractures to the metatarsal bones which may be displaced. May lead to continuing deformity and symptoms.
Whiplash One or multiple whiplash injuries £4,215 Symptoms last 18-24 months.
Whiplash One or multiple whiplash injuries £3,005 Symptoms last 15-18 months.

Call our advisors to learn more about how compensation in a motorbike accident is calculated. They can also provide a free valuation of your motorcycle passenger claim.

Examples Of Costs And Losses You Could Be Compensated For In A Motorbike Accident Claim

Compensation for a motorcycle passenger claim could include special damages as well as general damages.

Claiming under special damages in motorcycle passenger claims could help recover costs incurred due to pillion rider injuries. However, you must have evidence of your costs should you wish to recover them. This could include payslips if you would like to claim for loss of earnings after needing time off work to recover from your motorcycle passenger injuries. Another example would be saving receipts if you needed to pay out of pocket for medication after your motorbike accident. If you required a home carer following your pillion passenger accident, you could potentially claim this cost back with invoices.

As all motorcycle passenger claims are different, the examples above are not exhaustive. Call our advisors for more information on what you could claim under special damages.

No Win No Fee Motorbike Accident Lawyers

You could make a motorcycle passenger claim with the support of a No Win No Fee lawyer. Their legal services for pillion passenger claims could be provided under a Conditional Fee Agreement (CFA).

If you decide to hire a No Win No Fee solicitor for your motorcycle pillion passenger accident claim, you usually won’t be charged an upfront solicitors fee. If you are awarded compensation for your motorbike accident, a success fee will be taken from your award. The amount that can be taken is capped by the law. When a motorcycle passenger claim is not successful, the claimant usually won’t be asked to pay for their solicitor’s fees.

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motorbike accident claims

Free legal advice about motorcycle accident claims is available 24/7 from our advisors. If your motorbike pillion injury claim seems as though it could have a good chance of success, you could be passed onto our solicitors. To get in touch:

Useful Resources Related To A Motorbike Accident Claim

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If you have any other queries about how to start a claim after a motorbike accident, call our advisors.