What to do if you have a biking accident overseas
If you are involved in a road traffic accident overseas, you may be able to make a claim here in the UK for compensation against the driver who was negligent and caused the accident. We would recommend that you take all of the details of the third party and take legal advice upon your return.
Suing a pedestrian who causes an accident
Pursuing a claim for personal injury or damage to property following an accident is dependent on proving that someone has been negligent in their actions and as a result of that negligence the injury or damage was reasonably foreseeable. Therefore, whether you could sue a pedestrian would depend on the circumstances.
Even if you could establish some negligence by a pedestrian, most would not be insured for acts of negligence (unlike road users) and therefore even if successful in a claim, you may struggle to recover any compensation that is awarded to you.
Taking action on behalf of a biker killed
Tragically we do hear of road traffic accidents where a motorcyclist has been killed following a collision. Where such an accident results in a fatal injury, and someone can be held responsible it may be possible for the bereaved family to make a claim for compensation.
A fatal injury claim for compensation is made on behalf of the deceased’s estate and dependents. The claim, generally with the help of a lawyer, is conducted by the person authorised to make a claim on behalf of the deceased’s estate. They will need a Grant of Probate or Letters of Administration.
The time period in which you are able to make a claim for fatal injury compensation extends for three years after the occurrence of the death. The amount of compensation that would be awarded in such a claim is fixed by the state at £12,980; this is if one person is claiming.
If two or more are eligible to claim then the amount stays the same and is shared. Funeral expenses can be claimed in addition to the bereavement award.