Motorcycle Accident Compensation
Have you suffered a motorcycle accident?
Do you need to make a claim for compensation for a motorcycle accident in Barcelona?
Motorcyclists are one of the groups that are most involved in traffic accidents in large cities such as Barcelona, the percentage of users of this type of two-wheeled vehicle is increasing due to various factors such as the lack of difficulty parking, avoiding large traffic jams due to the ease of circulation on narrow roads and the low fuel consumption they generate.
At present, we find ourselves in the office with many cases of accidents of this type that have been victims of reckless drivers, for all kinds of reasons, not respecting traffic regulations, causing lane invasions, improper turns, negligence, speeding, non-visibility of the driver driving the motorcycle, etc.
If you belong to this type of group and have suffered a motorcycle accident caused by another driver of any type of vehicle, or as a victim, it is important to be clear that you have the right to claim compensation.
It is important to remember that even if I'm to blame on many occasions can claim. There are many cases in motorcycle accidents where fault is not clear and it is also possible that the driver of the motorcycle and the other vehicle is partly at fault.
For this reason, in this office, we have the help of a recognized traffic accident reconstructionist, which with the sketch made by the police in the report and the plans of the place, in most cases can determine the speed of the vehicle, the braking of each one, the point of impact, and how the accident occurred.
Sometimes there is a fault of the two vehicles and we will have to see how each intervening vehicle acted, and try that the percentage of fault of our client is the minimum possible, that is, there would be a concurrence of fault of the two vehicles.
For example, sometimes the motorcycle driver thinks that he is at fault, because he has made an improper turn, but perhaps the other vehicle was going at a speed tremendously higher than the permitted speed, as is the case on many occasions, and in this case there would be a concurrence of faults that could lead the motorcycle driver to be able to claim compensation, despite having committed an imprudence or infraction.
On the other hand, specify that if you are the passenger or co-driver in the motorcycle accident, you have every right to demand compensation in any of the circumstances, since the co-driver is not at fault for driving either of the two vehicles involved in the accident.
If you have recently suffered a motorcycle accident, it is normal for you to feel confused, not knowing what rights correspond to you and how to claim them, remember that demanding compensation for a motorcycle accident requires, as in all professions, a lawyer specialized in traffic accidents that knows how to value material and bodily damage, how to negotiate with insurance companies, and a long etc... That is only acquired after many years working as a lawyer.
The calculation for the claim of compensation for a motorcycle accident will be made following the scale of the year in which the accident occurred, and sometimes even requires the hiring of external experts.
When they are serious accidents, sometimes we hire actuary experts, medical experts, traffic accident reconstruction engineers, etc? They are professionals who help us win serious cases.
After so many years we work with the best experts in Barcelona, and in any city in Spain.
At Masramon Abogados we have more than 20 years of experience claiming compensation for motorcycle accidents, we have highly experienced professionals who will assess your case and give you the best strategy to enforce your rights and obtain compensation for the damages caused to his person and his motorcycle.
How can I claim compensation for a motorcycle accident?
In order to claim compensation for a motorcycle accident, it is essential to be clear that all the facts must be proven, that is, that even if we have been victims of an accident and it was not our fault, we must prove the physical injuries and material damage suffered, as well as the one who is at fault in the accident, consequently, the compensation will not be given automatically but will take a process to obtain it.
Therefore, in order to prove the physical injuries and material damages suffered in the motorcycle accident, it is necessary to prove it by means of documentation that proves said damages, for this it will be necessary to have the medical reports, emergency reports and all the certificates issued. by the health center that proves the injuries suffered. Consequently, always after an accident, even if you think you are fine, you must urgently go to the Hospital for a check-up and rule out serious injuries or pathologies.
Subsequently, all the documents that we have and that show a causal relationship between the accident and the injuries will be decisive to collect the compensation that corresponds to us.
In the same way, we will have to take a photo of the motorcycle, or even of our injuries, since this documentation will help us in a very important way to claim compensation for a motorcycle accident.
For example, the damage caused to the motorcycle and personal belongings in the accident, such as: jacket, pants, shoes, helmet, gloves, mobile phone, etc. The damages caused to the motorcycle and your belongings are compensable and for this you will need, among other documents, to present photographs and purchase invoices of the objects, in case you cannot present an invoice it will be necessary to prove the value of the objects by means of a budget or through a proforma invoice (it can be requested at the center where the things were purchased).
Therefore, you must take into account that professional advice is essential for a correct assessment and request for compensation to be made, since the insurance company will assess the damage suffered in the motorcycle accident, based on the documentation that let's contribute.
The Traffic Scale will be the instrument used to assess the injuries and consequences that we have suffered in the motorcycle accident.
What can be claimed in a motorcycle accident?
Physical damages
If you have suffered physical damage in a motorcycle accident, you should know that you have the right to compensation, this right also covers the co-drivers regardless of who has committed the negligence that caused the motorcycle accident. In other words, the co-driver can always claim compensation, since he is not at fault in the motorcycle accident.
The compensation will depend on various factors, the most important being: the days of recovery of the people involved in the motorcycle accident, the surgical interventions and the sequelae that may remain as a result of the accident.
On many occasions, motorcycle accidents are very serious since the victim hits the ground with his body, which unfortunately sometimes causes very serious injuries that sometimes cause permanent disabilities or disabilities and that will have to be claimed, both in the traffic proceeding as in a separate labor proceeding on permanent disability. In this case, there may be 3 types of disabilities or disabilities:
Total permanent disability, absolute permanent disability and severe disability or severe disability.
Total permanent disability or total permanent disability occurs when the worker can no longer carry out his usual profession, but could still carry out other jobs. For example, if a pedestrian is run over in an accident and as a result of the injuries and sequelae, they cannot go back to work in construction because they can no longer lift weights or do strength work, but instead they could do administrative work in a company. .
Absolute permanent disability or absolute permanent disability occurs when a worker, as a result of an accident and the consequences caused by the accident, cannot carry out any trade or profession and is incapacitated or unable to do any work.
Major disability or major incapacity is the situation that occurs when a person involved in a traffic accident as a result of injuries and physical losses or loss of abilities of all kinds cannot fend for himself and needs essential tasks of the life.
In these cases, the office is in favor of hiring an actuary expert to calculate how much money is necessary for the care of this person throughout the life of the disabled person. In other words, if, for example, the care of a nurse is necessary to provide care at the victim's home, in that case, the calculation of a lifetime of all the expenses that the victim or his family must face are sometimes extraordinarily high and complex and for this reason a professional such as the actuary expert is hired to try to calculate all those expenses that are going to occur for so long.
Permanent disability is one of the most recurrent consequences in this type of accident because the damages suffered by a person due to a motorcycle accident are not the same as those suffered by a person who has a mishap with their vehicle, in our office we have seen how motorcycle accidents are usually more tragic and in many of them people usually end up with permanent consequences that require years of rehabilitation, and consequently they will have to claim greater compensation.
material damage
The material damage suffered by the motorcycle in an accident is compensable, provided that it is shown that the fault was not ours, in which case we will have the right to have the motorcycle that has suffered material damage restored to the previous state it had when we had the accident. That is, if the motorcycle is left in a total loss situation, that it be restored to the sale or market value of the motorcycle, depending on how old it is, and in accordance with what is included in the conditions of the insurance policy, sometimes When the motorcycles are old, the values are usually quite low and you have to try to fight with the companies.
Psychological damages
Psychological damages are also compensable when there has been a motorcycle accident. Many times our clients think, for example, that the post-traumatic stress suffered by the accident is not compensable, however, nothing could be further from the truth, since the traffic scale classifies not only post-traumatic stress as psychological damage, but also all mental disorders or pathologies derived from the accident, and consequently, would include, for example, anxiety, obliging the company to compensate you for the psychological consequences that the accident may have caused.
Therefore, this situation should not be forgotten, and given due importance, accrediting each situation with diagnoses by professionals and the treatment carried out, since in the scale of traffic accidents the psychological sequelae are contemplated and we will only have to accredit them so that be compensated, provided that they have a cause-and-effect relationship with the accident.
Loss of profit
The loss of earnings consists of the decrease in income or the loss of legitimate earnings that have ceased to be received as a result of the accident, and the spouse of the person who suffered the mishap, the minor children will be entitled to receive compensation for this concept of age, children up to 30 years of age who do not have economic independence, ex-spouses who at the time of the accident were receiving a compensatory pension and also all those people who are related to the victim who are economically dependent on it.
Therefore, from Masramon Abogados we will advise you so that you can also assert your right to be compensated for Lost Earnings and thus be able to have a decent restitution for your income lost due to the motorcycle accident.
Frequently Asked Questions about Motorcycle Accident Compensation
Escape by the people who have been responsible for causing motorcycle accidents is very common.
In these cases, in order to make the claim, we must go to a specialist lawyer to carry out all the urgent steps that can clarify the facts and find out who was at fault for the accident.
For example, you have to try to find out if there are cameras that could have recorded the accident or the people responsible, it is very important to file a complaint urgently with all the data we have.
If you have suffered a motorcycle accident and whoever collided with you has fled, we recommend that you stay at the scene and call the police so that they can collect a report of the facts reported and they can visually check the remains that may remain on the ground after the accident and be able to obtain the testimonies of the witnesses who witnessed the accident.
In this case, when the person responsible for the motorcycle accident flees, the insurers are also obliged to compensate the victims, for which, although there is difficulty in proving the facts, a lawyer specialized in this matter will be needed.
In these cases, and in the event of not finding anyone, the Insurance Compensation Consortium will be sued:
https://www.consorseguros.es/web/inicio
This state body will be liable for compensation as if it were actually responsible for the accident, as long as we can prove, firstly, that the collision occurred, and secondly that the person who fled was to blame for the accident.
Here we show you a sentence against the Insurance Compensation Consortium in which we could not reach any agreement and we obtained a favorable judgment in which our client won 71,627.74, which plus interest and execution costs became 130,000 euros.
hospitalization for several days, and even months, or even sometimes cause the inability to work or perform basic daily actions, but they always require minimum rest and rest in order to repair the damage caused by the accident.
When we are unemployed and we collect a benefit or we do not have access to any kind of benefit in the public employment service (SEPE), compensation for hospitalization or for impeding or disabling days, can always be claimed from the insurance company and can be assert the right to receive compensation for days according to the traffic scale despite not being actively employed. The fact of being unemployed does not mean that you cannot claim the days in which we were unable to carry out our daily tasks, so it is necessary to have lawyers specialized in claiming damages for motorcycle accidents.
If you were a co-driver in a motorcycle accident, you always have the right to claim compensation for damages regardless of who was at fault, that is, your right to compensation will always be given, even if the person responsible for the accident suffered Whether it was the driver with whom he was traveling or the driver of the other vehicle that caused the accident, in this case the insurer has the obligation to pay the respective compensation.
In this case, you will also be entitled to compensation for physical or psychological injuries, or material damage, etc. However, in order to enforce these rights it is necessary to have specialized advice, at Masramon Abogados we have more than 20 years of experience in this matter, contact us and we will advise you so that you can assert your rights and receive the corresponding compensation. .
English (UK) 
Español 
Català