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?
Difficulties With Motorbike Accidents
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 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 again, this can be very helpful in proving that the accident was not your fault.
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.