“Sorry mate I didn’t see you” is unfortunately something that bikers hear all too often after a motorcycle accident.
Government statistics for 2017 show that while fatality figures for most road users are falling, motorcyclist deaths have increased by 9%. The roads can be a dangerous place for those on two wheels.
This won’t come as a surprise to motorcyclists who are fully aware that many motorists don’t see them coming even when ‘looking’ in their direction.
It has been shown that when a driver is looking out for a car, their brain is less likely to register a motorcycle. This is cold comfort, however, if you are injured or your bike has been damaged.
If the driver didn’t look or didn’t see you, they could be guilty of driving without due care and attention, a criminal offence. A conviction here could be useful in proving a civil claim for damages.
If you weren’t in view when the other motorist started their manoeuvre, they could avoid blame for the accident. Sometimes accidents do happen, and when no one is to blame, no one is liable for damages.
The maintenance of a road will either be the responsibility of Highways England or the local County Council.
The Highways Act 1988 states that the authority has a duty to repair defects such as potholes within a reasonable time of their discovery. If the defect that caused your accident was unreported, you may not have grounds for a claim.
Road repairers have a duty not to leave materials on the road. If debris left on the road causes an accident, you could have grounds to make a claim.
The same applies to mud on the road from farm vehicles or an oil or diesel spillage from a commercial vehicle although it can be difficult to prove who left the mud or contaminant on the road surface that caused your motorcycle accident which limits your opportunity to claim.
For the best chance of a successful claim, you should gather as much evidence as you can at the scene, in particular:
Litigation solicitor, Neil John is a keen biker. He knows what it is like to be a vulnerable road user and has helped many people with their claims after a motorcycle accident.
Contact Neil today, what have you got to lose?
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