Accident Scenarios
We all know the most common reason for a motorcycle accident. It’s the failure on the part of a motorist to see the two wheeled road user. However not all
accidents are straightforward and on occasion both parties can be to blame.
Have you ever wondered where you stand in Civil Law if you were involved in an accident but had been speeding, filtering or overtaking at a junction?
The following situations provide some examples of how the courts allocate blame
Overtaking
Junctions
Speed
Pedestrians
Emergency Situations
Emergency Situations
Dorning -v- Personal Representative of Paul Rigby ( 2007)
Two motorcyclists were travelling one behind the other. The first motorcyclist failed to take a left-hand bend and collided with an oncoming car sustaining fatal injuries. The first motorcyclist was found to be negligent. The second motorcyclist was travelling close behind the first and reacted to the collision in front of him. As a result, he slid across the road. It was held that if the second motorcyclist had allowed a few more yards space, he may have had time to react to the emergency situation and avoid the necessity of an instinctive reaction of slamming on his brakes and losing control. The first motorcyclist was found at fault for the accident but the second motorcyclist’s award was reduced by 20% as he was travelling so close as to the first motorcyclist to be found partly to blame.
If you wish to make a motorcycle accident claim in Scotland, call the Digby Brown Motorcycle Law Department on 0845 273 2323 or complete an Enquiry Form .
We all know the most common reason for a motorcycle accident. It’s the failure on the part of a motorist to see the two wheeled road user. However not all
accidents are straightforward and on occasion both parties can be to blame.
Have you ever wondered where you stand in Civil Law if you were involved in an accident but had been speeding, filtering or overtaking at a junction?
The following situations provide some examples of how the courts allocate blame
Overtaking
Junctions
Speed
Pedestrians
Emergency Situations
Emergency Situations
Dorning -v- Personal Representative of Paul Rigby ( 2007)
Two motorcyclists were travelling one behind the other. The first motorcyclist failed to take a left-hand bend and collided with an oncoming car sustaining fatal injuries. The first motorcyclist was found to be negligent. The second motorcyclist was travelling close behind the first and reacted to the collision in front of him. As a result, he slid across the road. It was held that if the second motorcyclist had allowed a few more yards space, he may have had time to react to the emergency situation and avoid the necessity of an instinctive reaction of slamming on his brakes and losing control. The first motorcyclist was found at fault for the accident but the second motorcyclist’s award was reduced by 20% as he was travelling so close as to the first motorcyclist to be found partly to blame.
If you wish to make a motorcycle accident claim in Scotland, call the Digby Brown Motorcycle Law Department on 0845 273 2323 or complete an Enquiry Form .
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Amy Ratter "What Digby Brown did for me I did not expect in my wildest dreams - I was exonerated and the money was a fantastic bonus." read more... |
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Patrick Brogan "I only wish Digby Brown had handled my case from the beginning. They are so professional and know the law inside out." read more... |
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Hylton Hutchinson "I didn't realise I had a right to claim for my injuries until I spoke to Digby Brown." read more... |
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Lee Hopkinson “The legal team referred to me by Legal Expenses did not appear to be doing anything about it. They did not contact any of the witnesses involved and I did not have any confidence in them that I was going to get any outcome apart from a negative one. Then I contacted Digby Brown.” read more... |
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