Compensation and justice for safe motorcyclist injured in accident
Mr R was riding his BMW motorcycle on the A79 at Tams Brig in Ayr when the motorcycle accident happened.
How did the motorcycle accident happen?
As it was morning rush hour, traffic was slow moving.
Mr R was filtering past stationary traffic, as his advanced riding training had taught him.
He was filtering past the offside of the southbound traffic and was using a chevronned area of road to complete his manoeuvre.
Mr R had identified a suitable break in the southbound traffic to re-join the flow of traffic before he reached a junction.
He was being careful, had his headlight on, and was wearing reflective clothing.
He was taking all possible steps to ensure he was observed by vehicles to his nearside, and to traffic travelling northbound.
As he was preparing to re-join the queuing traffic, in the gap he had identified, a car came out of the approaching junction, cutting through the queue of traffic, and driving towards Mr R on the chevrons.
It appeared as though the car driver had tried to nip out through the traffic after spotting a break in the other lane of traffic.
Mr R was able to virtually stop his bike, but there was still a collision.
Motorcycle accident claim
Mr R came to Digby Brown for help with a motorcycle accident claim. His case was assigned to our specialist solicitors in Motorcycle Law.
Motorcycle accident liability disputed
Liability was disputed by the defender all the way through Mr R’s case, and they argued that Mr S shouldn’t have been filtering, and shouldn’t have been riding in the chevronned area of the road.
It was important to our client’s claim that the issue of liability was addressed carefully.
We obtained a specialist report to address the advice given to motorcyclists, in particular to look at the issue of filtering, and creating a ‘third lane’ in the road by moving between stationary and oncoming traffic.
Dispute over repairs or replacing motorcycle kit
There was also dispute about whether or not Mr R’s motorcycle kit, which had been damaged, should be repaired or replaced.
Expert evidence was prepared, and our skilled solicitors were able to settle Mr R’s claim for virtually the full value of his claim the day before the final hearing in court.
Compensation for injuries, damaged kit, policy excess and inconvenience
Mr R was able to recover compensation, not only for his injuries but also his damaged kit and clothing, his policy excess and inconvenience.
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