Family Law AssociationThe Law Society of Scotland
Glasgow 01413751222
Edinburgh 0131 278 3423

Motorbike Accident Claim | Overtaking

 Motorbike Accident when Overtaking

Riding a motorbike on the open road offers an exhilarating method of travel. Unfortunately, being involved in a motorbike accident leaves riders far more susceptible to serious injury than somebody driving a car. Think state that motorcyclists add up to just 1% of all road traffic but contribute to 19% of all road deaths, creating a vivid image of how much more dangerous riding a motorbike can be. No matter how competent a driver you are, you cannot be in control of external circumstances. If you have suffered from a motorbike accident, then you will want to make a claim to compensate for any personal injuries or finances that you have lost.

Determining Who Was at Fault

Establishing who was at fault for the motorcycle accident is crucial to seeing whether injured parties are able to make a full injury claim. In some cases, the blame for the motorbike accident is shared, resulting in a reduction in the compensation claim. Even if the motorcyclist is not at fault for the collision, it is an established legal principle that any motorcyclist opting to pull out of the ordinary flow of traffic by overtaking other vehicles is increasing the risk of an accident occurring, therefore motorcyclists must take extra care when performing this manoeuvre.

The term for overtaking other vehicles on the road is known as ‘filtering,’ which is a legal manoeuvre under Rule 88 of the Highway Code, as long at the motorcyclist does so with caution and at a low speed. Although filtering through stationary or slow-moving traffic is not against the law, it does pose the problem of deciding who’s a fault if an accident occurs. There is no guidance under the highway code about filtering, but motorists should always be aware of a motorcyclist’s right to filter through traffic.

The term ‘negligence’ is a legal term for any irresponsible behavior by a driver that causes an accident on the road. In a collision that occurs due to negligence on the motorist’s part, is likely that their insurance company will argue that the accident was entirely the fault of the motorcyclist. To seek full justice, it is important to have an expert motorcycle accident lawyer by your side.

Procedures You Should Take to Making a Successful Claim

  • Most importantly, do not admit to any liability or offer to pay compensation. There may be other contributing factors that you’re unaware of that contributed to the accident. Accepting any blame before reviewing the facts will put you on the back foot in court.
  • Write down the registration number of the other vehicle.
  • Write down the personal details of the other motorists, passengers, and witnesses.
  • Try and sketch out the accident. Make sure to include as much detail as possible.
  • Take photographs of the scene – you can never take too many.
  • Write down the details of your geographical location. Try to include anything at all that you may find relevant, such as address, weather conditions, nearest house numbers or businesses and the time of the day.

Take the First Step Now: Get Legal Advice

Invalid Input
Invalid Input
Invalid Input
Invalid Input
Invalid Input