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Motorbike Injury Lawyers Blog

It really isn’t hard to check the area is clear when opening a car door. Despite this, we still see a lot of incidents where a vehicle driver or passenger opens a car door into the path of a passing biker.

The result can be serious, and even fatal.

We’ve represented bikers for compensation claims caused by drivers / passengers opening a vehicle door in to their path. More often than not, when incidents like this occur, there is simply not enough time for a biker to swerve or slow down to avoid an accident.
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We can no longer deny it: summer is over and winter is definitely coming.

The sun is rising later and setting earlier, and soon enough, we’ll be commuting to work in darkness…

As the days get greyer and wetter, visibility will be further reduced on the roads. For motorcyclists in particular, reduced visibility means the risk of a collision is likely increased, and with many drivers already failing to properly look out for bikers, it means worrying times for bikers on the roads in winter.
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Rain, fog and darkness; aren’t British winters wonderful?

Sarcasm aside, the worsening weather usually means it’ll be much harder to see clearly on the roads. During an early Monday morning commute in the cold rain, you’re probably thinking of hot coffee and a warm dry bed; not motorcyclists in your blind spots. That’s right – bikers will ride in the cold and rain!

With heavy rain and darker days comes worsened visibility, making motorcyclists sometimes harder to spot. Rain, windscreen wipers and dreary grey skies can make checking for motorcyclists more difficult, but nevertheless absolutely imperative.
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If the above headline hasn’t shocked you, then we’ve wrote a few more facts below which should make you think twice about taking more care to look out for motorcyclists on the road.

Statistics taken from https://www.gov.uk/government/uploads/system/uploads/attachment_data/file/556396/rrcgb2015-01.pdf

Such statistics should serve to make drivers pay far more attention to look out specifically for bikers, and maybe save someone’s life by doing so!
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Contributory negligence is a term used for where a victim claiming in an accident is found to be partially at fault for the accident, or for the extent of their injuries. It’s a typical argument in motorbike injury claims, especially where the injuries are serious; and they often are.

Contributory negligence often means the claimant will face a reduction of the payout. It’s usually worked out on a percentage basis. For example, if a biker is found to be 20% responsible for their injuries, then they will receive 80% of their damages. The reduction is designed to reflect the “fault” on the part of the rider.

So, can you fight it?
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Protective gear is absolutely essential for motorcyclists. When sharing a road with millions of cars, trucks and lorries, the only thing standing between flesh and bone hitting the tarmac floor at speed is the protective clothing a motorcyclist wears.

No matter how short the ride, motorcyclists should wear helmets and are advised to always ensure they wear:

At the end of the day, this valuable equipment could save your life…
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In the U.K., we’re lucky to have some fantastic rural roads to ride on. I myself drive through the peaks several times a month between work and my partner’s home, and it’s a fantastic drive and a real pull for both motorcyclists and push-bikers.

However, the dangers of rural roads are huge; especially on roads like those in the peaks, which lorries and vans often use for access, as well as the fact that the roads are often windy and dark in the more forested areas.

Rural roads are a real hotspot for motorcycle accidents, which is why it’s worth our comment on the topic in terms of biker’s rights in the event something happens…
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There has been a tag-line for some time now that bikers are 40 times more likely to be killed in accidents than other road users. Although motorcyclists statistically only account for 1% of all total road traffic accidents, they do account for 19% of all road user deaths.

The figure of 1% may seem low, but the reason for this is simply down to there being far fewer bikers on the road when compared to other vehicles. Think about it, and it makes perfect sense.

The reason for the far greater fatality rate is obvious: in absence of the protection a vehicle offers – especially today’s modern vehicles with airbags, crumple zones, and other technology – we all know bikers are constantly at a greater risk of being seriously hurt or killed in an accident.
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On 11^th June 2017, Chris Toon was riding his motorcycle along Ashby Road in Leicestershire when he lost control of the bike and was forced to swerve sharply to avoid crashing into a group of cyclists.

The accident tragically left the popular music teacher paralysed for life.

Speaking of his ordeal, Mr Toon attempted to slow down whilst approaching a blind bend but his back wheel skidded and fishtailed. With the back of his motorbike swinging out of control, the teacher was left face-to-face with a dozen oncoming cyclists.
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Sometimes, accidents simply cannot be avoided, and even those that can be avoided are inevitable through basic human error.

We’re far from perfect…

This is why we have the Highway Code; a set of rules and principles to help guide us to use the highways safely and minimise accidents and injuries. There is no excuse for failing to abide by the rules of the road, and all users should be familiar with the guidance and dangers for overtaking specifically.

Especially when there may be motorcyclists around…
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