Motorcycle accidents - overtaking
Determining who is at fault for any motorcycle accident is key to determining if injured parties are able to sue the other driver for compensation, and how much compensation is allocated.
In some cases, it may be deemed that the motorcyclist is partly responsible for the accident and a deduction in the compensation awarded will be applied.
When it comes to motorcycle accidents that happen when riders are overtaking traffic at junctions, find some real-life examples of how the courts allocated blame.
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%
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% Motorcyclist – 5%
Pell v Moseley (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%
Hillman v Tompkins (1995)
A motorcyclist was overtaking a slow moving traffic line on the approach to temporary traffic lights. A car driver reached a junction to her offside and indicated her intention to turn having failed to see the approaching motorcyclist from her rear. A collision occurred.
The Judge agreed that motorists should anticipate such actions by motorcyclists. Equally the motorcyclist was overtaking on the approach to a junction.
Driver – 50% Motorcyclist – 50%
Every accident is different and it is best to seek legal advice to find out where you stand. You can find more information about making a motorcycle accident claim or contact us to speak with our legal team.
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No win no fee personal injury solicitors
The expression “No Win – No Fee” is often used in personal injury cases. It is used as a way of funding a compensation claim where the accident victim does not have the means to pay for the costs involved as the case progresses.
A number of solicitors are prepared to handle personal injury cases on a “No Win – No Fee” basis but very few are able to offer their clients complete protection if the case is unsuccessful.
In that event, the client could end up being liable for many thousands of pounds in legal expenses or the case won't be fully investigated and therefore likely to under-settle.
Compensate 'no win no fee' funding
Digby Brown has its own funding company, Compensate, which provides the funding to allow the case to be fully investigated, employ the best experts surrounding the circumstances of the accident and/or injuries sustained and where and if necessary go to court.
If for whatever reason the case is unsuccessful, Compensate pays all your legal expenses and those of your opponent – you pay nothing.
On average our clients receive over 3 times the pre-litigation offer
Because of Compensate funding Digby Brown's success rate is extremely high and on average our clients receive three times the pre-litigation offer.
In the event the case is successful, a small percentage of your damages will be deducted with VAT to pay for this service. The percentage which Compensate will charge depends on the degree of risk involved. We believe that this is the fairest method of giving clients access to justice whilst ensuring their cases are fully investigated, prepared and funded.
Beware of compensation offers which may be too good
We know you will have seen many adverts offering 100% compensation or telling you that you will not lose any of your compensation, however we believe there are a number of problems with companies that do this.
- How do they make their money if they don’t charge you anything?
- If they aren’t taking any money from you, the client, what incentive do they have to ensure you receive the right level of compensation, appropriate to the injuries you have sustained?
- Fully preparing a case, finding out exactly what happened and what the consequences of your injuries may mean in the long term, is expensive, how do they do this properly?
- If they aren’t fully preparing these cases will they just accept the first offer they are given on your behalf by the Insurance company?
- It makes simple business sense, the less work they do the higher their profit margin is - they simply have no incentive to work harder on your behalf.
- These adverts in the main are from English firms on national television which operates in a different way and therefore wouldn’t apply to a Scottish person.
We know from the many client cases we mandate from other firms of solicitors (in the main at the request of the client who is extremely unsatisfied with the service received for the other firm) that many shortcuts are taken in preparation and that the first offer received is being recommended for acceptance, regardless of the value.
Getting something for nothing is usually the first sign of poor service.
Correct level of compensation with Digby Brown
Our experience and statistics show time and time again we will achieve the correct level of compensation which will be substantially more than the insurer is initially prepared to offer.
Even after we have deducted our percentage as a success fee you will gain considerably more than you would have achieved using a 100% compensation model.
Contact Digby Brown's personal injury solicitors
For further information about no win no fee, or anything else, call us on 0333 200 5925 or fill in our enquiry form below and someone will get back in touch with you.
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