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Motorbike Injury Lawyers Blog

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?
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Most people know that a driver who crashes in to the back of another vehicle is pretty much always at fault for the accident. Unless the vehicle in front intentionally or recklessly slammed their brakes on, you’ll normally find that liability rests firmly with the driver hitting the back of the vehicle in front.

So, is this the same for motorcycle accidents?
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Potholes – the scourge of motorists throughout the country.

It’s annoying enough when we hit them in a car, but when we hit them on a motorbike, the consequences can be far worse. For one, the likelihood of losing control and coming off your bike is often a near-certainty, so the injuries and damages are often far worse.

So, if you have hit a pothole as a motorcyclist and been injured as a result, what can you do?
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Motorcyclists are completely entitled by law to filter in and out of traffic, and overtake vehicles so long as it is safe to do so. However, motorcyclists’ overtaking is one of the more common ways in which motorbike accidents occur.

In this article, we’ll take a quick look at how motorbike accidents involving overtaking can occur, and where the blame lies.

As specialist Motorbike Injury Lawyers, we’ve helped plenty of people in these sorts of circumstances in the past.
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The goods news is that you can, generally speaking, still claim for a motorcycle accident even if you were not wearing a helmet.

You should have been wearing a helmet – but it doesn’t automatically stop you from being able to make a successful claim for personal injury compensation. If someone else was to blame for the accident then you are still entitled to claim in the usual way.

However, your failure to wear a helmet may be reflected in any payouts awarded.
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Being able to filter through traffic is one of the advantages that riding a motorbike offer. However, it can be dangerous when it is not done safely by riders, or (more commonly) where drivers are not paying enough attention and hit a legally filtering motorcyclist.

Drivers can fail to see bikes at the best of times, so when filtering, drivers often find it even harder to see bikes. The Highway Code addresses it and says:

“It is often difficult to see motorcyclists and cyclists, especially when they are coming up from behind, coming out of a junction, at roundabouts, overtaking you or filtering through traffic.”

It’s always worth remembering that filtering is legal and the Highway Code rules for motorcyclists state “when filtering in slow-moving traffic, take care and keep your speed low”. Motorbikes can filter safely but accidents do still occur.
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One of the biggest concerns for motorcyclists is suffering an injury while on-the-road. Motorcycles obviously don’t offer you the same protection whilst driving like a car does, which means that a motorcycle rider is more at risk if there is a collision. As a result of this, motorcyclists are 16 times more likely to be seriously injured or killed than the other driver involved in the collision.

Whilst helmets and protective gear are recommended to reduce injuries, if a collision or accident was to happen, riders can still suffer some serious damage to their bodies.

There is also the risk of psychological scarring that riders can suffer in extreme cases alongside their physical injuries.
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The Met Police have turned to two wheels in order to respond quicker to any terror attacks that might take place in the City of London.

The Met’s armed counter-terrorism police department were displaying their fleet of grey BMW F800GS motorbikes which will help them cut through the heavy and sometimes gridlocked traffic of London to get to the scene of any terror attack.
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A report released by Police Recorded Crime statistics for England and Wales indicates a rising growth in the theft of Scooters and Motorcycles (estimated 22,500 bikes stolen last year in the UK). This is mirrored by a recent Home Office report which underlines a 44% increase in motorbike theft in London alone.

With advanced technology in vehicle security on newer models of cars and vans it means they are way more difficult to be stolen than their two-wheeled cousins, so it’s no wonder that scooters and motorcycles are suddenly at the top of a thief’s shopping list.
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Our roads and paths are becoming swamped with the latest consumer craze for electronic driven devices – e-Bikes, e-Scooters and even those dreaded Hoverboards (which our media just to love to bash).

Sales of e-Bikes (or Pedelecs to give them their Sunday name) are on the increase. Back in 2003 it was estimated that sale figures were around the 2k mark… Today, e-Bike sales are over 25,000 per annum. Still nowhere near the likes of Holland (120,000) or Germany (400,000) and then there’s China with over 200 million e-Bike users.
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