Motorbike Accident Compensation Claim Awards
Compensation for motorbike injuries are very much dependent upon the facts of the case and the injuries sustained.  This is because when a motorbike accident occurs the biker departs from the motorbike in a number of ways usually causing multiple injuries.  These injuries are often serious leading to broken or fractured limbs, head injuries and damage to internal organs.

Crash Test Dummy – Compensation Awards - Motorbike Claims
For a general guide to compensation claim awards for motorbike injuries please click onto our Crash Test Dummy.

Common Motorbike Claim Accidents
Below are the most common motorbike accident claims dealt with by accident claim Solicitors.  Please be aware that every case is individual and will be decided on the claims own facts but at least the motorbike accident claim examples below may be of interest to you and help you decide if you want us to bring a motorbike compensation claim.  Certainly it will cost you nothing to contact us so you have everything to gain and nothing to lose.

Motorbike Overtaking

Motorcycle accident claims often involves a motorbike overtaking other vehicles. A motorcyle overtaking by itself involves an element of risk especially for a motorcyclist who is less visible and vulnerable on the road as compared to a motorist. Many accidents on the road involve an overtaking manoeuvre and as specialist motorcycle accident Solicitors we receive a high proportion of injury claims ranging from relatively minor injuries to fatal accidents. As specialist motorcycle accident Solicitors we only see the victims after the accident. Whilst we can do nothing to change the events leading up to the accident, we can help deal with the legal, financial and emotional elements that follow a motorcycle road traffic accident.

Overtaking Motorcycle Accident - Hit By A Car From A Side Road

The most common motorcycle accident that Solicitors see is where the motorcyclist is overtaking a line of traffic on the main road, when suddenly a motor vehicle pulls out of a side road, attempting to turn right, causing an accident. Who is at fault?

The starting point in layman’s terms is to look at the Highway Code. The general rule is if a car or motorcycle for that matter pulls out of a side road onto a main road when attempting to turn right they are at fault. You must give way to the traffic on the main road.

Therefore it is a straight forward conclusion that in the above scenario the motorcyclist is not at fault. Wrong. The problem we have is that there is another dynamic at play, the motorcyclist overtaking a line of stationary or slow moving traffic. When overtaking you must only do so when it is safe and importantly not to overtake at a road junction.

A motorcyclist is more difficult to see on the road and when overtaking at a junction is even more “out of sight” and “out of mind” especially to a motorist, at a busy junction, trying to pull out of a side road into a gap in the line of traffic. A brief opportunistic window appears, someone leaves a gap in the traffic or is “flashed” to come out. Rightly or wrongly the car pulls out, the motorcyclist does not see the car and vice versa, so the collision occurs.

Motorbike v Car - The Court Says 50:50 Share Of Blame

Solicitors will refer to The Highway Code but the Code is not binding on the judge. The judge will determine blame of the facts of the case.

In the end Solicitors acting for both parties have put themselves in a position where they find it difficult to see each other which is why the accident happens. The Courts therefore tends to rule that both parties are equally at fault. The Judge will apportion blame on a 50/50 basis which means that the motorcyclist and motorist will have their compensation reduced by 50%. If there is a claim and counterclaim, both will forfeit their no claims discount as well as the insurance excess.

Motorbike Accident - Overtaking and Understanding Lane Dividers

As motorcycle accident solicitors we often see many motorbike accident claims caused by the motor vehicle or motorbike rider failing to understand road markings or disobeying them altogether. It is very important that a motorcyclist understands the Highway Code as the Solicitors and Courts will take the Code into account when making a finding of fault between the motorist and motorbike rider.
Below are some examples which, as motorbike accident claims Solicitors we take into account when deciding if a motorbike rider has a good case:-

Motorbike - Overtaking at Lane Dividers

Highway Code states that areas of diagonal stripes or chevrons painted on the road are there to separate traffic lanes or to protect traffic turning right.

If it is boarded by broken white lines, you should not enter it unless it is necessary and you can see it is safe to do so.

· If it is marked by chevrons you MUST NOT enter it except in an emergency.

Do Not Cross A broken White Line.

This marks the centre of the road. When this line lengthens and the gaps shorten, it means that there is a hazard ahead. Do not cross it unless you can see the road is clear and wish to overtake or turn off.

Double White Lines Where The Line Nearest To You Is Broken.

This means you may cross the lines to overtake if it is safe, provided you can complete the manoeuvre before reaching a solid white line on your side. White direction arrows on the road indicate that you need to get back onto your side of the road.

Corner Or Bend, Hump Bridge Or Brow Of A Hill.

This means you MUST NOT cross or straddle it unless it is safe and you need to enter adjoining premises or a side road. You may cross the line if necessary, provided the road is clear, to pass a stationary vehicle, or overtake a pedal cycle, horse or road maintenance vehicle, if they are travelling at 10 mph (16 km/h) or less.

It can literally be fatal if a motorcyclist overtakes at a corner or bend, hump bridge or brow of a hill due to the conflict of sighting and obstruction A motorcycle user cannot be certain of what is round the corner and thus accidents of this kind are usually due to excessive speed and positioning on the road making it difficult to break, slow down or manoeuvre the motorcycle so as to avoid a accident.


The Highway Code Says:

DO NOT overtake if there is any doubt, or where you cannot see far enough ahead to be sure it is safe. For example, as motorbike rider when you are approaching
· a corner or bend
· a hump bridge
· the brow of a hill

© Crown Copyright

As motorbike rider if you break any of the rules of the Highway Code, there is a high probability that a motorcycle rider will be held to blame in whole or in part of the accident. Whilst the Courts are not bound by the Highway Code, they are very persuasive and unless there are any unusual factors.

What the Highway Code Says on Overtaking

As motorbike rider before overtaking you should make sure

· the road is sufficiently clear ahead
· road users are not beginning to overtake you
· there is a suitable gap in front of the road user you plan to overtake

Overtake only when it is safe and legal to do so. You should
· not get too close to the vehicle you intend to overtake

· use your mirrors, signal when it is safe to do so, take a quick sideways glance if necessary into the blind spot area and then start to move out

· not assume that you can simply follow a vehicle ahead which is overtaking; there may only be enough room for one vehicle

· move quickly past the vehicle you are overtaking, once you have started to overtake. Allow plenty of room. Move back to the left as soon as you can but do not cut in

· take extra care at night and in poor visibility when it is harder to judge speed and distance

· give way to oncoming vehicles before passing parked vehicles or other obstructions on your side of the road

· only overtake on the left if the vehicle in front is signalling to turn right, and there is room to do so

· stay in your lane if traffic is moving slowly in queues. If the queue on your right is moving more slowly than you are, you may pass on the left

· give motorcyclists, cyclists and horse riders at least as much room as you  would when overtaking a car (see Rules 211-215)

Remember: Mirrors – Signal – Manoeuvre

You MUST NOT overtake

· if you would have to cross or straddle double white lines with a solid line nearest to you (but see Rule 129)
· if you would have to enter an area designed to divide traffic, if it is surrounded by a solid white line
· the nearest vehicle to a pedestrian crossing, especially when it has stopped to let pedestrians cross
· if you would have to enter a lane reserved for buses, trams or cycles during its hours of operation
· after a ‘No Overtaking’ sign and until you pass a sign cancelling the restriction

As motorbike rider DO NOT overtake if there is any doubt, or where you cannot see far enough ahead to be sure it is safe. For example, when you are approaching

· a corner or bend
· a hump bridge
· the brow of a hill

As motorbike rider DO NOT overtake where you might come into conflict with other road users. For example

· approaching or at a road junction on either side of the road
· where the road narrows
· when approaching a school crossing patrol
· between the kerb and a bus or tram when it is at a stop
· where traffic is queuing at junctions or road works
· when you would force another road user to swerve or slow down
· at a level crossing
· when a road user is indicating right, even if you believe the signal should have been cancelled. Do not take a risk; wait for the signal to be cancelled
· stay behind if you are following a cyclist approaching a roundabout or junction, and you intend to turn left
· when a tram is standing at a kerbside tram stop and there is no clearly marked passing lane for other traffic

Being overtaken.

As motorbike rider if a driver is trying to overtake you, maintain a steady course and speed, slowing down if necessary to let the vehicle pass. Never obstruct drivers who wish to pass. Speeding up or driving unpredictably while someone is overtaking you is dangerous. Drop back to maintain a two-second gap if someone overtakes and pulls into the gap in front of you.

Do not hold up a long queue of traffic, especially if you are driving a large or slow-moving vehicle. Check your mirrors frequently, and if necessary, pull in where it is safe and let traffic pass.

© Crown Copyright


Motorcycle Injury Compensation Dummy

We have developed a very useful motorcycle injury compensation calculator dummy that helps claimants to understand how much motorcycle injury compensation they may receive. The injury compensation calculator provides motorcycle crash victims with a quick compensation estimator tool that is very easy to use. Visit our motorcycle accident compensation dummy by clicking here.


Motorcycle Accident Experts,
R. James Hutcheon Solicitors
The Heath Business & Technology Park
Runcorn
Cheshire
WA7 4QX

Tel: 0871 218 1082
Fax: 0871 218 1082
Email: contact@hutcheonlaw.co.uk