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Unfortunately, if you are a motorcyclist and you are involved in a collision with another vehicle, you are more likely than not to suffer injury. I myself am a motorcyclist and whilst I admit that I am only a fair weather rider, I am acutely aware of the additional risk at which I place myself each and every time I ride on the public highway.
I have dealt with hundreds of claims for motorcyclists in my career. As stated, most motorcyclists do suffer injuries, some unfortunately very serious; what is often overlooked, is that fact that in my experience, when acting for a motorcyclist involved in an accident, on most occasions, liability will be disputed, that is to say that the other party will allege that the accident was caused or contributed to by the motorcyclist. Of course this is not always the case, but if you are a motorcyclist, it is important to think about your own safety first and foremost, but if you are unfortunately involved in a road collision and are fortunate enough to escape serious injury, then you must think about how the accident happened.
Most car drivers are not motorcyclists and will not be aware of the Highway Code relating to motorcyclists. Invariably, a car driver that is not also a motorcyclist will think that the motorcyclist has contributed to an accident happening if, for example, they did not see the motorcyclist approaching from their left as they emerged onto a main road from a minor road.
I have a case presently which mirrors exactly those circumstances. Fortunately, my client escaped serious injury. Even more fortunately, my client had the presence of mind to take photographs of the aftermath of the accident, specifically a photograph of the skid marks created by his motorcycle when he braked sharply to try to avoid the impending collision.
The car driver alleged that my client was undertaking stationary traffic and that this is what caused the collision. My client refuted this allegation, and duly provided photographs of the skid mark created by his motorcycle which shows his motorcycle was positioned centrally in the road, thereby discrediting the car driver’s allegation. This has resulted in the case turning in our favour without the benefit of any independent witness evidence.
So, if you are a motorcyclist, firstly, stay safe. Secondly, if you are unfortunately involved in a collision and are fortunate enough to avoid serious injury, get the details of any and all witnesses to the collision, take photographs of the positioning of the vehicles after the accident and any skid marks caused, and if you are injured, contact the Ambulance service and the Police. Their contemporaneous records can prove invaluable in corroborating a motorcyclist’s version of events when liability is disputed.
Finally, if you are a motorcyclist and are unfortunate enough to be involved in a road collision which you do not think was your fault, then feel free to contact us at Express Solicitors for advice.