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

Speed
Dale McFarlane  -v-  Barry Thain and James Campbell (2007)
McFarlane was a pillion passenger on a speeding motorcycle involved in a collision with an elderly car driver who emerged from a junction.  The motorcyclist, although speeding, had right-of-way.  The pillion passenger had not fastened the strap on his helmet.  The primary cause of the accident was the speed of the motorcyclist. (subject to appeal)
Motorcyclist – 100%

John Moiser v Thomas Simpson (2001)
Car driver was executing a 3 point turn. A speeding motorcyclist came around the bend and was faced with the car blocking his side of the carriageway.
Driver – 60%  Motorcyclist – 40%

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 .