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

Overtaking
Shaw v Russell and Another (2004)
A motorcyclist was carrying a pillion passenger overtaking a line of cars and vans. A minibus driver at the head of the queue turned right across the motorcyclist’s path.
Minibus driver – 95% to blame, motorcyclist – 5%

Hell  -v-  Moselay (2003)
A motorcyclist was overtaking a queue of traffic. There was a moto-cross event taking place in a field to his right. A car driver at the head of the queue indicated right to turn into the event at the very last minute. A collision occurred.
Driver – 50%    Motorcyclist – 50%

Davis  -v-  Schrogin (2006)
A motorcyclist was overtaking a queue of stationary traffic (long stretch of road with one lane in each direction).  A car driver in the stationary queue decided to execute a U-turn.  As a result, a collision occurred and the motorcyclist was seriously injured. 
Driver - 100% to blame

Morrison v Gardener (2005)
A police motorcyclist on escort duty (training) was overtaking a line of stationary traffic. There was a danger of cars performing U-turns. This was known to the police motorcyclist. A car in the queue executed a U-turn. A collision occurred.
Driver – 75%    Police Motorcyclist – 25%

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 .