Road accidents are numerous and motorcyclists are often the first victims (24%). Whether or not you are responsible for the accident , it is nevertheless necessary to get assistance to defend yourself as well as possible by a recognized lawyer in the case of motorcycle and road accidents and to find out more about the possible actions for repair the damage suffered.
The motorcycle accident in detail
A motorcycle accident is a road accident which can involve either two motorcycles, or a motorcycle and a car or a truck, a pedestrian or which can take place without any other person involved. In the latter case, there is no responsible third party. It can be noted here that nearly 35% of motorcycle deaths do not involve a third party.
The motorcycle trip can be made to go to work, for example. It can also be a leisure trip (holidays, weekends, etc.), shopping or any other personal trip. The compensation scheme will then be different.
A motorcycle accident is often more serious than a car accident , the driver not having a bodywork. Compensation must therefore be higher provided that the victim is defended professionally, regardless of the level of injuries observed.
Motorcycle accident: the rules of compensation
Victim of a motorcycle accident? Since 1985 and the Badinter Law, the victim is differentiated according to two criteria: either she was driving, or she was not on the handlebars. This distinction has made it possible to set up two compensation schemes. It is also necessary to take into account the person responsible for the motorcycle accident , namely the driver himself or a third party such as a car or a pedestrian.
In the case of a victim driving a land motor vehicle who suffered a road accident caused by a third party, the Badinter Law requires that the motorcyclist be compensated . When the accident concerns the driver alone, it is essential to have taken out specific cover.
Finally, when the accident involves a pedestrian or a motorcycle passenger , the system is particularly protective. The fault is never imputed to them. There are also so-called protected victims: the victim is under the age of 16 or is recognized as 80% disabled or is over 70 years old.
The various injuries in a motorcycle accident
Two types of damage are present for a road accident. Temporary non-patrimonial damage concerns a functional deficit that has a temporary duration. This corresponds to the period of hospitalization and the evaluation of the losses suffered on a daily basis. It can also be the degree of suffering endured or the disfigurement.
Permanent extra-patrimonial damages form the second category. They concern permanent functional deficits, the permanent impossibility of practicing an activity, bodily and aesthetic, sexual or permanent establishment damage.
How and by whom is the victim motorcyclist compensated?
Naturally, the insurance companies, in the case of a road accident caused by a third party involving a land motor vehicle , take charge of the compensation. It is therefore essential to contact your insurer after having been injured.
If the third party is not insured, the Compulsory Damage Insurance Guarantee Fund (FGAO) steps in to offer compensation.
When it is a trip to go to work or to a work meeting, it is Social Security that pays a flat rate.
Motorcycle accident lawyer & personal injury law
In all cases, it is advisable to contact a lawyer in bodily injury law experienced in the defense of victims.
This is particularly recommended when the accident has caused serious injuries. He can thus establish, with you, a complete file by involving professionals such as an orthopedic surgeon, a psychiatrist to assert post-traumatic stress, an occupational therapist, for example.
The lawyer in the law of bodily injury and compensation for bodily injury will then make it possible to obtain the maximum compensation in relation to the bodily injury suffered.
Our team of experts in law related to road accidents and more particularly to motorcycle accidents will accompany you from the constitution of the file. Lawyers for bikers, we seek to highlight your rights to obtain compensation equal to what you deserve, regardless of the accident suffered.