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Category: Safety & Compensation

  1. What to Do After a Motorcycle Accident (UK)

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    No one ever wants to be involved in a motorcycle accident but sometimes they can happen in the blink of an eye and just can’t be avoided. These unfortunate incidents can be frustrating, emotional and lead to severe injury or disability. It is vital that you know what to do immediately after the incident has occurred as this can have a significant influence on  how such an event will impact you.

    This guide explains what you should do after the incident to make sure that you are safe and to ensure you get the help that you need.

    Immediately after the incident

    First things first, get yourself to safety even if that means that you leave your bike behind. If the road is clear and you can move on your own, then the top priority is to get yourself to an area safer than the middle of the road. Pedestrians and other motorists can approach a downed rider which can create a bigger hazard in the road and could potentially be another accident waiting to happen.

    Check yourself for injuries. You are going to experience a surge of adrenaline which can mask even serious and life changing injuries.

    It's important that you do not move your motorcycle, firstly to try and avoid any further injuries to yourself but also so as not to compromise evidence and impede any police investigation.

    Call the Emergency Services

    You should call or be asking someone to call the emergency services as soon as is safely possible. Many people ‘freeze’ or go into some level of physical and emotional shock after an accident. If you need someone to call the emergency services for you be sure to signal to them and be clear in what you are telling them to do.

    This should ideally go hand in hand with not removing your gear after the accident. Most motorcyclists will try and remove their helmets immediately after the accident, but this can cause more serious injury to the head, neck or spine.

    Whilst waiting for the Emergency Services

    Try to remain calm. Motorcycle accidents can be emotionally and physically traumatic, but it is in your best interests to remain as calm as possible. Losing your temper can lead to rash decisions. Keeping a clear head allows you to think more clearly, so be sure to take a few deep breaths and try to take stock of the situation as best as you can.

    Try to recall what has just happened. You can then accurately convey this information to the police and paramedics when they arrive.  Information such as this can help them to determine the nature and extent of your injuries and provide you with efficient and effective treatment.

    Exchanging motoring details

    In accordance with motoring laws, if you are able then you should speak with the other driver and obtain their details – name, insurer, reg number and provide your own. You can save these in the notes function on your mobile phone. You should also note down the details of any passengers or witnesses to the incident.

    The law defines a reportable road traffic collision as a collision involving a mechanically-propelled vehicle on a road or other public area which causes:

    • injury or damage to anybody - other than the driver of that vehicle
    • injury or damage to an animal - other than one being carried on that vehicle (an animal is classed as a horse, cattle, ass, mule, sheep, pig, goat or dog. You may also report collisions or incidents involving deer, but this is not a legal requirement.)
    • damage to a vehicle - other than the vehicle which caused the collision
    • damage to property built on, attached to, growing in, or otherwise forming part of the land where the road is 

    What should I record?

    Knowing what to make note of after a motorcycle accident can be confusing, especially if you feel disoriented and stressed. Its important to gather as much evidence about what has happened as you can for insurance and legal purposes.

    With modern mobile phones being so good, if possible, you should take as many photos and videos of the scene as you can. These should include everything from your motorcycle in the road, the car or vehicle that hit you, the road layout an any specific features, skid marks if any and even road signs. Another good idea is to talk into the camera whilst you are videoing the scene and the vehicles involved. It helps to create a timeline of the incident which will be useful for the police, insurers and lawyers if required. 

    Finally, do not apologise or admit responsibility for the accident. Your insurers almost certainly insist upon this in your contract of insurance. Instead, if you can, do find out details of any other drivers and witnesses. Tell them that this will be sorted out by your insurers and give details if you can. Whilst it's very important to be honest, you do need to protect yourself from liability later on if the incident was not your fault.

     


    Article supplied by Potter Rees Dolan Solicitors 

     

    Potter Rees Dolan, Motorcycle Serious Injury Solicitors, Manchester, North

  2. Tips for New Motorcycle Riders: How to Stay Safe

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    Motorcycle riders need to be extra careful on the road. Did you know that in 2015, there were 5,010 motorcycle riders killed in traffic accidents in the United States? That’s a staggering statistic.   

    Tips for New Motorcycle Riders - How to Stay Safe
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    But don’t let it scare you away from enjoying the wind in your hair and the freedom that comes with riding a motorcycle. 

    Just follow these safety tips for new motorcycle riders, and you’ll be sure to stay safe on the road.

    1. Get trained and licensed

    Before you even think about hopping on a motorcycle, make sure you are properly trained and licensed. In many states, you need to take a formal motorcycle training course and pass a written exam and on-cycle skills test before you can get your license. 

    2. Wear the right gear

    One of the most important safety tips for new motorcycle riders is to always wear the proper gear, including a DOT-approved helmet, eye protection, protective clothing, and sturdy boots. 

    3. Get familiar with your bike

    Before you head out on the open road, get to know your motorcycle and how it works. Review the owner’s manual and become familiar with the controls. Practice starting up the engine, shifting gears, braking, and turning. 

    4. Start out slow

    Once you’ve got the hang of your motorcycle, take it easy at first and avoid busy streets or highways. Stick to quiet side roads where you can build up your confidence and skills before tackling busier areas. 

    5. Be visible

    Make sure you are highly visible to other drivers, especially at night or in poor weather conditions. Wear bright clothing, and equip your motorcycle with reflective tape and proper lighting. 

    6. Use caution when passing

    Use extreme caution when passing other vehicles, and always signal before you change lanes. Make sure you have plenty of space and time to complete the maneuver before returning to your lane. 

    7. Watch for road hazards

    Be on the lookout for common road hazards such as potholes, gravel, oil slicks, puddles, and debris. These can all cause a motorcycle to lose control, so avoid them if possible or proceed with caution if you must ride over them. 

    8. Be aware of other drivers

    One of the most important safety tips for motorcycle riders is to be aware of the other drivers around you and anticipate their actions. Motorcycles are smaller and less visible than other vehicles, so other drivers may not see you or may misjudge your speed or distance. Always give yourself enough space to react if another driver makes a mistake. 

    9. Ride sober

    Never drink alcohol or take drugs before riding a motorcycle. Not only is it illegal in many states, but it will impair your judgment, slow your reaction time, and make it more difficult to operate your bike safely. 

    10. Take breaks on long trips

    If you’re going on a long trip, take breaks every few hours to rest and stretch your legs. This will help you stay alert and focused on the road. 

    5 Things you should never do on a motorcycle

    Now that you know some basic safety tips for motorcycle riders, let’s take a look at five things you should never do on a motorcycle.

    1. Don’t ride without a helmet

    Never, ever ride without a helmet. It’s not only illegal in many states, but it’s also incredibly dangerous. A helmet is the best way to protect your head in the event of a crash, and it could save your life. 

    2. Don’t ride without insurance

    Another thing you should never do is ride without insurance. If you are involved in an accident, motorcycle insurance will help pay for damages, injuries, and other costs associated with the accident. 

    3. Don’t speed

    Speeding is one of the leading causes of motorcycle accidents, so it’s important to always obey the speed limit and never ride faster than you are comfortable with. 

    4. Don’t tailgate

    Tailgating, or following too closely behind another vehicle, is dangerous for any driver, but it can be especially hazardous for motorcycle riders. If the car in front of you suddenly stops, you could rear-end them or be thrown from your bike. 

    5. Don’t lane split

    Lane splitting, or riding between lanes of traffic, is illegal in most states and can be extremely dangerous. If a car suddenly changes lanes, you could be hit or pinned between the two vehicles. 

    By following these safety tips and avoiding these dangerous behaviors, you can help keep yourself safe while riding a motorcycle. Remember, motorcycle accidents can happen even when riders are being careful, so always stay alert and ride defensively.

     

     

     

    article supplied

  3. Compensation for motorcyclist who sustained serious injuries

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    Hundreds of thousands in compensation after motorcyclist sustains brain injury 

    Stewart* was riding his motorcycle at speed when a car emerged from a side road, directly into his path which caused a collision and Stewart to be thrown from his motorcycle.

    He suffered a traumatic brain injury and multiple serious orthopaedic injuries including fractures to his spine, clavicle, ribs, wrist and hand and a complex degloving injury to the knee which required extensive multiple surgeries. He also developed urinary urgency and erectile problems.

    As a result of the brain injury, Stewart suffered a change in personality, cognitive deficits and the loss of his professional career. His mobility was significantly restricted due to his orthopaedic injuries.

    Liability, causation and quantum were all fiercely contested by the car driver’s insurers  such that Stewart’s previous solicitors, appointed by Stewart’s own insurers, advised him to accept an offer of £50,000 stating that this would be the best possible outcome that he could hope to achieve.

    Stewart rejected that advice and sought representation from Potter Rees Dolan.

    We argued that Stewart travelling at speed was not the primary cause of the collision and instead  the driver had failed to make the appropriate checks before emerging from the side road.

    We were successful in reaching a compensation award of £200,000 for Stewart which was net of an agreed liability apportionment of 80/20% basis.

    Mark Robinson, personal injury solicitor at Potter Rees Dolan, said:

    This is yet another timely reminder that in cases involving motorcyclists, it is especially important that a firm who specialises in such claims and in dealing with life changing injuries should be instructed. Fortunately, our client recognised this in time, and we were able to achieve a settlement that was commensurate with the significant injuries that he sustained.

    * The name and identifying details of the client have been changed to protect the privacy of the individuals involved

     

    Article supplied from Potter Rees Dolan

    Potter Rees Dolan, Motorcycle Serious Injury Solicitors, Manchester, North

  4. High Court at Manchester awards e-cyclist damages

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    In a complex case and at a liability only Trial on 1 February, His Honour Judge Sephton QC awarded James 25% of the full value of his claim

    James* was riding his electronic bicycle on his way to work when he was hit by an oncoming vehicle whilst making a right hand turn across its lane.

    Despite James wearing a high-vis jacket at the time, the driver of the vehicle (the Defendant) maintained that he was driving within the speed limit albeit close to it and had not seen James until he was immediately in front of his vehicle due to the dazzling effect of the low-lying sun which was directly in front of him. It was at this time that the Defendant maintained that he had applied his brakes to avoid the collision.

    Liability was therefore strongly contested throughout without any kind of offer being made prior to the Trial.

    After hearing the evidence of both parties, the Judge held that the risk posed by the dazzling sun was clear and obvious and that the Defendant should have reduced his speed or even stopped altogether as advised in the Highway Code.

    In addition, with the assistance of experts instructed on James’s behalf, the Judge accepted that the Defendant had not seen James and had not applied the vehicle’s brakes himself. The vehicle’s automatic braking system had been activated once James had been identified by the system as a hazard in the road.  

    As a result of the accident, James sustained a severe traumatic brain injury with multiple serious orthopeadic injuries which required surgery.

    The amount of compensation will be assessed by the Court at a later date. 

    Mark Robinson, personal injury solicitor at Potter Rees Dolan, said:

    I am delighted by the outcome in this hard fought and technical case that was strongly disputed for several years. As in most cases involving cyclists and motorcyclists, expert evidence in many areas is key to prove that the driver is at fault by not reacting to the driving conditions and taking those steps within his control such as braking to avoid the collision.

    * The names and identifying details of the client have been changed to protect the privacy of individuals involved.

     

    Article supplied by Potter Rees Dolan

     

    Potter Rees Dolan, Motorcycle Serious Injury Solicitors, Manchester, North

     

     

  5. Motorcyclist sustains brain injury after collision with car

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    Over £5 million in compensation for young man who was riding motorcycle

    Dean* was riding his motorcycle along an A road when the approaching car on the opposite side of the road suddenly, unexpectedly and without warning attempted to turn right across Dean’s path, causing a collision and causing him to be thrown from his motorcycle.

    Dean, aged 22 at the time of the accident, suffered a traumatic brain injury as a result of the collision with extensive right and left temporal and parietal haemorrhage and contusions with fractures of the left parietal and left temporal bones. He also sustained an injury to his chest with contusions to the lungs and a fracture of the right femur.

    As a result of the brain injury, Dean has a significant ongoing disability. He suffers from impairment of cognitive function, struggles with initiation and motivation, and requires prompting.

    Since the accident, Dean has experienced personality change and suffers from low mood. He suffers from poor memory and poor concentration. His mobility is restricted, and he experiences high levels of fatigue.

    Dean lacks the capacity to manage his property and financial affairs and so a Deputy was appointed by the Court of Protection.

    We were successful in reaching a lump sum compensation award of over £2,000,000 for Dean as well as an annual payment for life of over £48,000 per annum, which equates to over £5 million overall.

    Jeanne Evans, Partner in personal injury at Potter Rees Dolan who acted for Dean, said:

    “My young client suffered life changing injuries in this accident. His commitment to his rehabilitation, for which he should be commended, combined with the support of his loving family, he has achieved wonderful progress which has been a pleasure to witness over the years since the accident. The settlement achieved means that he can continue, to maintain his gains, to build on that progress and be able to make plans for his future.”

    * The names and identifying details of the client have been changed to protect the privacy of individuals involved.

     

    Article supplied by Potter Rees Dolan

    Potter Rees Dolan, Motorcycle Serious Injury Solicitors, Manchester, North