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Motorbike Accident Claims Part 1 of 2

This first part of a two part article looks at the motorbike and the immediate aftermath. Part two deals with how you can claim compensation.

Part 1 of 2 - The Accident and Immediate Aftermath?
Motorbikes fall under the same law as car users. Each user on a road has a duty of care to every other road user. If they breach this duty of care, for instance, by failing to drive carefully and colliding with another vehicle, and this breach of duty causes injury, a claim for compensation can be made as negligence has been established.

Difficulties With Motorbike Accidents
Motorbike accidents are often more difficult to prove that someone else was at fault for causing the accident due to the fact that a large proportion of motorbike accidents happen whilst they are overtaking other vehicles on the outside or inside. Due to their size, they are often not seen. It is the fact that so many accidents occur involving motorbikes, and that the injuries are usually quite severe due to the lack of protection that there are so many contested claims for compensation.

One famous case dealt with the situation where a car pulling out of a side road collided with a motorbike. The case was Powell v Moody. In this motorbike accident claim, a lorry had stopped on a main road. The motorbike was slowly overtaking the lorry. What the motorbike rider did not know was that the lorry driver had indicated for a car to pull out of a side road across the lorry to turn in front of it.

As the car pulled out in front of the lorry and the motorcycle overtook the lorry, there was a collision. When the claim was taken to Court, the Judge explained that the motorbike overtaking had to be incredibly careful and on this occasion he did not believe that he had been sufficiently careful and found that he was 80% liable for the accident.

However, this is not a case that is always followed although insurers will often use it to try and stop you making a claim for compensation. A good accident claim solicitor should be able to deal with the arguments and if he can show that you were being incredibly careful as you overtook a vehicle and still sustained injury, you should be able to make a claim for compensation.

Other problems involving motorbikes often arise when cars do not see a motorbike coming along a main road. There are many advertising campaigns to try and ensure car drivers take more attention of motorbikes when pulling out of car junctions, but sadly there are still a large number of accidents. In these situations, it is clear that 90% of the time the car is at fault and the motorcyclist is able to recover compensation for their injuries.

What Should You Do Immediately After A Motorbike Accident?
If injuries are sustained, the Police should be called to the scene of the accident. They should obtain evidence and witness details so that you can subsequently pursue a claim if you decide to do so.

If you are not seriously injured you should obtain details of the witnesses to the accident as they could be vital in proving that the accident was not your fault. You should also try and take photographs of the scene of the accident showing where the vehicles finished (use your mobile if not broken) or ask someone to do this for you. Once againPsychology Articles, this can be very helpful in proving that the accident was not your fault.

Injury Sustained?
If you sustained an injury as a result of the accident you should attend Accident & Emergency or your General Practitioner for assessment and treatment of your injuries. This evidence will be used by your solicitor if there are any challenges made by the other driver's insurance company that the injuries sustained by you were not caused by the accident in question.

Article Tags: Motorbike Accident

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ABOUT THE AUTHOR


Read more about Accident Claims Scotland?

Nick Jervis is a Solicitor (non-practising) and consultant to Edinburgh Solicitor and Personal Injury Specialist Stan Moffat of Moffat and Co.



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