As a pillion passenger, or any passenger, it is your driver’s duty to take reasonable care for your safety. Therefore, if you are involved in an accident as a pillion passenger and were injured as a result, it is highly likely that a claim for compensation will be successful.
As a passenger it is extremely improbable that you were at fault for the accident, unless you did something stupid to cause the driver to lose control and cause a collision. You can normally expect to receive 100% of any compensation awarded.
However, there can be circumstances where the compensation is reduced due to contributory negligence even if the accident was caused through no fault of you own, but where you have contributed in some way to your injuries.
The most common examples of contributory negligence would be, for a pillion passenger, riding on the motorcycle without a helmet. If your injuries would not have been as serious if you had been wearing a helmet, you will probably be held contributory negligent for the injuries you have received.
Another example is that of getting on the motorcycle when you are aware that the driver has consumed alcohol and their ability to control the vehicle is likely to be impaired. If an accident occurs due to the driver being drunk, and you willingly got on the motorcycle knowing they had been drinking, then you may again be held contributory negligent for the injuries sustained.
The amount that you would be held contributory negligent for your injuries does vary from case to case, as it often depends on the circumstances of the accident; however, on average, it is likely to be around 25%.
I would like to think that most pillion passengers would not put themselves at risk like this, especially given the seriousness of injuries that can be caused by being on a motorcycle which is involved in an accident. As a pillion passenger, you are significantly more vulnerable if you are involved in an accident. As I’m sure you are aware, a motorcycle does not offer the same protection as a car, van or a lorry. The main protection for a pillion passenger is their helmet which can help to avoid any serious head injuries should an accident occur.
It is obvious that you are more at risk of serious injuries being a pillion passenger. Injuries can range from bruises to broken bones and even serious head trauma. No matter how minor or serious your injuries are, you are entitled to make a claim for compensation as you are an innocent passenger on a motorcycle.
Here at The Injury Lawyers we deal with a lot of claims for personal injury which involve motorcycles and pillion passengers and as we deal only in claims for personal injury – we can therefore offer a first class service with our wealth of knowledge and experience in the area.
We also offer a rehabilitation scheme; this allows us to arrange treatment for our client’s at the start of their claim so that we can get them on the road to recovery whilst fighting their corner for the compensation they deserve at the same time. We don’t always have to wait around for the insurers to accept fault – we can get right on it and get the treatment you need when you really need it the most.
If you have been injured in a road traffic accident as a pillion passenger then please contact us here at The Injury Lawyers on 0800 634 75 75 as soon as possible to receive free legal advice on your claim.
