The Personal Injury Solicitors at Forbes specialise in motorcycle accident claims and offer a free consultation for people injured in motorbike accidents.
SOLVING PERSONAL LEGAL MATTERS
There's a misconception that a motorcycle accident is usually the motorcyclist's fault. Whilst on occasions it is, it is usually down to another motorist who has failed to see the motorcyclist in time. Not only are hazards caused by other motorists but the road itself can cause the motorcyclist to lose control ranging from debris on the road from other vehicles or farm machinery through to potholes.
All users of the highway have a responsibility to ensure that others users are kept safe. If the local farmer or contractors leave debris on the road they have a duty to warn other road users of that debris and have a duty to clean it up. If they fail to do so and a motorcyclist is injured, the motorcyclist can claim compensation. Likewise the Highway Authority has a duty to maintain the highway, if they fail to maintain the roads and potholes develop causing an accident or an injury, they are liable. This can even extend to the layout and design of the road itself.
A motorcyclist was awarded compensation after he was seriously injured after a vehicle pulled out in front of him at a junction. On the face of it, the emerging vehicle was liable however, their insurers were successful in recovering a large proportion of those damages from the local authority because they had failed to design the junction correctly, and had allowed a large hump to be created on a bend which obscured the view for vehicles emerging out of the side road. Motorcycles are often tarred with the same brush that they would speeding. Whilst speed is a factor, it is not in itself negligent, the question that needs to be asked is what has caused the accident, speed can contribute to the consequences and the outcome but the usual cause of collisions is another road user failing to see the motorcycle in time or at all. The question is, but for the negligent act, could the accident have been avoided? If the answer is yes, and the act has caused the accident, then that motorist is liable for the losses arising as a result.
The Personal Injury Solicitors at Forbes specialise in motorcycle accident claims and offer a free consultation for people injured in motorbike accidents in England and Wales.