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

Junctions
Fagan  -v-  Jeffers  (2005)
A motorcyclist was undertaking stationary traffic. An oncoming car turned right into a side road from the main road.  A collision occurred.  The Highway Code stipulates undertaking is not allowed. The driver should have anticipated a motorcyclist coming up on the inside.
Driver – 50%  Motorcyclist – 50%

Harding  -v-  Hinchcliffe (1964)
A motorcyclist overtook a bus as it turned left from the main road into a minor road.  A car driver waiting at the same junction to turn right pulled out at the junction into the path of the oncoming motorcyclist.  The driver should have anticipated a vehicle coming from behind the bus. 
Driver – 100% to blame.

Powell  -v-  Hansan and Chin (2001)
A collision occurred at cross-roads where two cars had been waiting to turn right at traffic lights.  The first car completed the turn, but the second car was hit by a speeding motorcyclist.  The car had proceeded over the stop line.  The speeding motorcyclist was, however, travelling ahead on a course that he was entitled to take as he had right-of-way.  The motorcyclist could not avoid the collision as a result of his excessive speed. 
Driver – 80%   Motorcyclist – 20% 

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 .