Motorcycle undertaking accidents

First published by Author on December 13, 2016 in the following categories: Compensation and tagged with injury claims

We recently did a blog on overtaking, and we covered undertaking in that as well. But undertaking motorbike accidents are a common thing, and it’s a hot topic for debate as well.

So, let’s look at this from a legal perspective.

If a motorcyclist is undertaking another vehicle, and an accident occurs, who is at fault? Is the motorcyclist allowed to undertake? Or is it perhaps too dangerous and leaves the blame squarely with the rider?

As always, these things do depend on the circumstances…

However, generally speaking, motorcyclists are allowed to filter safely through traffic, and can undertake when it is appropriate to do so.

This then leads to the question: when is it appropriate to undertake?

The consensus is that it can be appropriate in stationary or slow moving traffic, or where a motorcyclist is going to be turning left, or where the undertaking is because the vehicle being undertaken is turning right.

There is of course a duty on any driver to only manoeuvre their own vehicle when it’s safe to do so, and drivers should always follow the basic “mirror-signal- manoeuvre” concept. So there shouldn’t be any excuse for a driver to turn left or move and hit a motorcyclist who is validly undertaking in circumstances like those above.

Is speed a factor?

Speed and other unique circumstances to the accident must always be taken in to account. Insurers do like to argue cases, and may try to either fully or partially defend a motorbike undertaking accident if they think they have the reason to do so.

Even a partial defence could put some risk on a rider meaning they may not get the full amount of their claim. This is known as contributory negligence, and means that the person claiming was partially at fault for the accident or injuries, and so must face a reduction of their damages to reflect the contribution.

The easiest example is that of seat belts for car users, or failing to wear a helmet for motorbike accidents. Sometimes the damages can be reduced from anywhere between 5% to 25%.

So can I claim?

Unless you were speeding or riding recklessly, you ought to be able to settle a claim for an undertaking accident, so long as the undertaking was done safely, and in accordance with what is permissible.

But, as there is a risk the insurers will try to at least partially defend the claim – which can be even more common when the injuries are more severe, which is often a given for motorbike claims – you should always place your claim with a specialist motorbike injury lawyer like us.

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