By Danielle Jordan. Last Updated 8th February 2023. Has negligence caused your injury in a quad biking accident? Do you want to know how quad bike activity personal injury claims are made? We will look at how quad bike accidents can happen and the injuries that could be sustained. We will also explain what constitutes a duty of care and what compensation you may be eligible to receive.
Quad biking can be a fun, thrilling activity but when safety is ignored it can cause unsuspecting injuries that may have an impact on your quality of life. From stopping physical activity to causing mental health issues and even impacting employability.
Our advisors are available to provide free and relevant legal advice to help determine whether your claim is valid. They may connect you with our No Win No Fee solicitors and they can help begin the claim. Contact our advisors today by:
- Calling us on 0800 073 8804
- Starting your claim online
- Emailing info@legalexpert.co.uk
- Using the live chat feature
Select A Section
- What Are Quad Bike Activity Personal Injury Claims?
- Causes Of Quad Bike Activity Accidents
- Quad Bike Activity Injuries
- Outdoor Activity And Quad Bike Duty Of Care
- Quad Bike Accidents – How Long You Have To Claim
- Quad Bike Activity Personal Injury Claims Calculator
- Get Help With Quad Bike Activity Personal Injury Claims
What Are Quad Bike Activity Personal Injury Claims?
To make a quad bike activity personal injury claim you must be able to prove that a third party’s negligence caused your injury. Negligence refers to the breach of duty of care applied by legislation.
A duty of care can be defined as the responsibility to take practicable steps to ensure safety. The Adventure Activities Licensing Regulations 2004 (AALR) and Activity Centres (Young Persons’ Safety) Act 1995 (ACA) means there is a legal requirement for certain activities need to be reviewed and undergo a safety inspection and be licenced.
The Health and Safety at Work etc. Act 1974 (HASAWA) is a key piece of legislation that applies a duty of care. The legislation runs alongside others to establish health and safety regulations to ensure the safety of employees and individuals in places of work.
We encourage you to keep reading to understand how legislation can keep you safe and how you can claim if you have proof that negligence led to your injury. For more information on the quad bike activity personal injury claims process, contact our advisors today.
What Is A Quad Bike?
Developed in 1893, a quad bike is a type of motor vehicle, similar to a motorcycle, however, it operates on four wheels instead of two and is now subject to government road registration rules.
If you have been injured on a quad bike due to employer, or supervisor negligence, you may be able to claim today. Contact our advisors using the information provided at the top or bottom of the article.
Causes Of Quad Bike Activity Accidents
Quad bikes, as with any motorised vehicle, can pose significant risks which are usually mitigated by the proper health and safety regulations. When you visit an activity centre to partake in quad biking there must be a lot of emphasis on your safety. The following could mean an accident that could have been avoided takes place:
- Quad bikes are poorly maintained faulty brakes cause an accident.
- The instructor is not trained correctly and leads a group of bikers on the wrong trail
- No safety helmets are provided when an accident happens a rider suffers a severe head injury
- The weather conditions are ignored and a treacherous terrain results in a quad bike collision.
If the cause of the injury was due to supervisory or operator negligence then you may be able to claim. For more information on the quad bike activity personal injury claims process, get in touch today.
Quad Bike Activity Injuries
As previously mentioned, quad biking, if not undertaken in a safe manner, and if negligence has taken place then this could increase the likelihood of sustaining an injury. Some examples of injuries can include:
- Head injury
- Chest injury
- Abdominal injury
- Broken bones from collisions
- Burns from hot machinery
Contact our advisors, for more information on how to prove negligence in quad biking personal injury claims.
Outdoor Activity And Quad Bike Duty Of Care
Operators of outdoor activity centres owe users a duty of care to ensure that they have taken reasonable steps to ensure that the service and equipment they are providing are safe.
They can do this in the following ways:
- Providing and maintaining safe systems – Work systems such as equipment and tools should be maintained to a reasonably safe level. Failure could result in malfunctions such as overheating machinery causing contact burns.
- Provide sufficient training and supervision – All employees should receive free relevant training to perform their jobs reasonably safely. Supervision training can also help to spot danger with other participants on quad bikes. Inadequate training and supervision could cause accidents such as people colliding with other drivers or objects suffering broken bones or other concussive injuries.
The AALR and ACA are specific pieces of legislation that specifically apply to conducting activities. The Health and Safety Executive (HSE) states that an adventure activities licence is required when certain activities are conducted for young people under the age of 18. It allows inspections of equipment and management systems to see if they are adequately safe for use.
If you believe you suffered an injury due to a supervisor’s or employer’s negligence around health and safety regulations, then get in touch with our advisors now.
Protective Clothing And Equipment
According to the Personal Protective Equipment at Work (Amendment) Regulations 2022 all employees must be provided with free, relevant personal protective equipment (PPE) where necessary.
A failure to provide PPE would be an example of negligence. The employer would have breached their duty of care if the correct PPE wasn’t provided to ensure reasonable safety.
If an employer breaches their duty of care causing you harm, please get in touch with our advisors today and they can provide free advice on quad bike activity personal injury claims.
Quad Bike Accidents – How Long You Have To Claim
If you have a valid claim for injuries suffered in a quad bike accident, you must generally start the claiming process within the three-year time limit. This is set by the Limitation Act 1980. The time limit typically starts on the date you suffered the injuries.
There are exceptions that suspend the time limit. These include:
- Injured parties under the age of 18 cannot start a claim. A litigation friend could claim on their behalf at any point until they turn 18. Should a litigation friend not start a claim on behalf of a child, the injured party will have three years from the date of their 18th birthday to start a claim.
- The time limit is suspended indefinitely for adults that lack the mental capacity to start a claim for themselves. However, as with children, a litigation friend can claim on their behalf at any point. Should the injured party regain their capacity, then the three-year limitation period starts from the date it was determined that capacity had been regained.
As the limitation period is the same for a fatal quad bike accident, if you are claiming on behalf of the deceased, you should start the claim within the three-year time limit. However, this could be three years following the passing of your loved one or three-years from the date that negligence was connected to the fatal injury, such as the date of an inquest.
Call our advisors to learn more about claiming for quad bike accidents. The legal advice they give is free and available 24 hours per day, 7 days per week.
Quad Bike Activity Personal Injury Claims Calculator
A successful personal injury claim can include two heads of claim in its settlement. General damages will look at compensating the victim for the pain and suffering any injury or illness has caused. Whereas special damages will reimburse financial losses and expenses the suffering results in.
The Judicial College Guidelines (JCG) contain compensation brackets for general damages, i.e. for the suffering inflicted due to your injury. For example, please see the table below for some possible compensation examples broken down according to severity and injury type:
Injury | Compensation | Notes |
---|---|---|
Severe other arm injuries (a) | £96,160 to £130,930 | Fall short of amputation but are still considered serious and leave the person no better off than if the arm was lost. |
Other arm injuries (d) | £6,610 to £19,200 | Simple fractures of the forearm. |
Burns | Likely to exceed £104,830 | Normally regarded as serious as they cause a greater degree of pain and can cause persisting psychological and physical and psychological injury. The more serious burns can attract higher awards but is dependent on the extent of burns, burn thickness, cosmetic impact, need for surgery, physical disability and psychological impact.` |
Bowels (d) | £44,590 to £69,730 | Severe abdominal injury, causing function impairment and needing a temporary colostomy (with disfiguring scars), plus employment and dietary restrictions. |
Chest injury (c) | £31,310 to £54,830 | Damage to the chest and lungs causing some persisting disability. |
Chest injury (g) | Up to £3,950 | Fractures to the ribs or injury to the soft tissue resulting in serious pain and disability over a multi-week period. |
Less severe brain damage (d) | £15,320 to £43,060 | A good recovery is made and will be able to return to work and social life. Not all functions may be restored and there may be persisting problems like poor memory and concentration or mood disinhibition. Could interfere with lifestyle, leisure activities and employability. |
Minor brain or head injury (e) | £2,210 to £12,770 | There may be minimal to no brain damage at all. Compensation will be affected by the severity of the injury, recovery period, the lasting symptoms, and the presence or absence of headaches. |
Wrist injury (b) | £24,500 to £39,170 | Injury resulting in significant permanent disability but with some useful movement left. |
Wrist injury (c) | £12,590 to £24,500 | Less severe injury with some permanent disability such as continuing stiffness and pain. |
Furthermore, the compensation for special damages is based on the financial cost incurred during your injury and the recovery period. Some examples of the damages include:
- Travel to and from medical appointments
- Gracious care
- Property adaptations
- Loss of earnings and future income
For more examples of quad bike activity personal injury claims, get in touch with our advisors today.
Get Help With Quad Bike Activity Personal Injury Claims
Our advisors are available 24/7 and they can help find out if you have grounds for a claim, and they may put you in touch with our expert solicitors.
Our solicitors offer a Conditional Fee Agreement (CFA) which is a type of No Win No Fee arrangement that has many advantages. You pay no upfront fees when hiring a CFA solicitor and if your claim is unsuccessful you do not pay them a success fee.
If your claim succeeds your solicitor will take a legally-capped, small percentage of your compensation as their success fee. If you believe that a CFA solicitor would help your claim, then contact our advisors today by:
- Calling us on 0800 073 8804
- Starting your claim online
- Emailing info@legalexpert.co.uk
- Using the live chat feature
More On Biking And Activity Claims
We have lots more guides on personal injury claims which you can browse below:
- A guide to the claims process
- Climbing wall activity accident claims
- Activity centre injuries – how to claim compensation
- Claiming compensation for a mountain bike injury
- How does the personal injury claim process work?
- Missing tile accident claims
- Success fees in personal injury cases
- How many claims go to court?
- Special damages in personal injury claims
- CCTV footage in personal injury cases
- Claiming compensation for injuries caused by faulty furniture
- How to claim against your employer
- Compensation tables for personal injury
- Try our personal injury claims calculator
- Multi-story car park accident claims
- The Pre-Action Protocols in personal injury
- How much compensation can you get for a personal injury claim?
Or take a look at the informative external links we have provided:
HSE – RIDDOR – The Reporting of Injuries, Diseases and Dangerous Occurrences Regulations 2013
How do I know if I’ve broken a bone?
Contact our advisors today for more information on the quad bike activity personal injury claims process.
Guide By Eaton
Edited By Melissa.