Presentation to MAG Glasgow

August 4th 2014

Glasgow

Motorcycle Accidents and the Law

Brenda Mitchell

Motorcycle Law Scotland

• Provide an innovative and dynamic legal service for motorcyclists by motorcyclists

• Cover ALL of Scotland from 4 offices• Only handle motorcycle accident and injury

cases• Work on a “No win, no fee” basis• Are passionate about what we do

The LAW and perceived prejudice

• Criminal cases• Civil cases

Sentences for motorcyclists

• “Biker jailed for 6 mths and banned for 18 mths for taking teenage son on 122mph pillion ride.”

• “Motorcyclist sentenced to 9 mths in jail for dangerous driving after speeding at 166mph.”

compared to…..

Sentences for motorist

• 63 yr old motorist Thomas Scully • 2 previous drink driving convictions• Sentenced to 18 wks jail suspended for 12

months and 250 hrs community service. • Scully was 2x over legal alcohol limit• Pulled straight out in front of the 17 yr old

motorcyclist and then drove off at speed after the crash leaving him for dead.

Evidence

• Research suggests judges look for evidence that is:– Consistent– Contemporary– Independent– Common sense

and most of all– Concordant with their own experience

An example of common sense?

• Motorcyclist and a lorry approached a bend on a narrow country road. • Left bend for the motorcyclist and a right bend for the foreign owned

lorry. Neither could see each other on approach. • Lorry was over the centre line on the motorcyclist’s carriageway by

about a foot. The motorcyclist was near the centre line but within his carriageway.

• Motorcyclist struck the front offside of the lorry and unfortunately lost his right leg.

• Court of Appeal decided the lorry driver was not at fault as he couldn’t be expected to drive with a counsel of perfection. On the other hand, the motorcyclist had not taken the “proper line" into the bend

• Rule 211

Look out for Motorcyclists

– when coming up from behind, out of junctions, at roundabouts, overtaking you or filtering.

– always look out for them before you emerge from a Junction, when turning right across a line of slow moving or stationary traffic.

– Be especially careful when turning and when changing direction or lane.

• Check mirrors and blind spots

Highway code

Case 1• Facts

– B Road– Motorcyclist following a

bus– Bus signals to turn left– Motorcyclist overtakes bus– Car sitting at junction sees

the bus signalling left and pulls out to turn right

Case 1 – Result

• Car driver 100% to blame as he should have waited to let the bus get completely into the minor road before pulling out as there was a risk that road users, particularly motorcyclists, could be masked by the bus.

• Case Harding v Hinchcliffe ( 1964 )

Case 2• Facts

– Motorcyclist approached tail end of stationary traffic

– Motorcyclist filtered up the offside

– Car emerged from a side road into a gap wanting to turn right

– Tanker driver signalled car out– Car inched out and collided

with motorcyclist

Case 2 – Result

• Motorcyclist 80 % to blame Car Driver 20% • Case Powell V Moody ( 1966 )

Case 3• Facts

– Car driver wished to turn right from minor road to proceed south on major road

– Petrol tanker travelling north stopped to leave a gap

– Car driver’s view of Northbound carriageway was blocked by position of the tanker

– Car driver edged forward past the tanker

– Struck a motorcyclist who was filtering past the tanker on the northbound carriageway

Case 3 – Result

• Car driver 50 % Motorcyclist 50%• Case : Worsfold v Howie (1980)• There is no principle of law which entitles a

driver to emerge blind from a minor road onto a major road by inching forward beyond his line of vision, even if he did so slowly.

Case 4

• Facts– A motorcyclist was overtaking

a queue of stationary traffic on a long stretch of road with one lane in each direction.

– A car driver in the stationary queue decided to execute a U-turn.

– A collision occurred and the motorcyclist was seriously injured.

Case 4 – Result

• Car driver 100% to blame• Another one for the good guys• Case Davis v Scrogin ( 2006)

Case 5• Facts– Coach driver stopped at a T

Junction (minor onto major road).

– Wanted to turn right.– Road works and temporary

traffic lights to left of junction and queuing traffic.

– Large tractor and trailer to the right so driver can’t see beyond the tractor and trailer.

– Coach driver pulled out and collided with a filtering motorcyclist.

Case 5 – Result

• Motorcyclist 50% to blame Coach driver 50%• Case Woodham v Turner 2012- overturned 2011

decision which was 70/30.• What happened to the principle of Law about field of

vision?• Second motorcyclist pulled in behind trailer.• Motorcyclist doing 20mph.• Judge said 15 MPH would have been better as

motorcyclist would have been able to stop.• Possibly first legal interpretation of what speed is

filtering and what is overtaking.

Case 6

• Facts– A motorcyclist was

following a car.– The driver took a sudden

left hand turn– The motorcyclist

performed an emergency stop but was thrown from his bike and collided with the car.

Case 6 – Result

• Motorcyclist 70% to blame Driver 30% to blame.

• Case Mackeldon v Hinton (2005).• Those travelling in front still owe a duty of care

to those travelling behind.• Car driver indicated late BUT....

motorcyclist travelling too close behind

What if it happens to you?

• It’s your choice, NOT your insurer’s

“Changing Lawyers was quite simple – and I knew almost immediately that I’d made a good decision. Brenda was very professional but also very friendly and it really made a difference that she knew about motorbikes as I didn’t have to keep explaining the logistics of the crash……” Scott Jones

“My insurance company let me down. I never ever met my appointed solicitor. My life would have been so different if I hadn’t met Brenda at Thunder in the Glens. I can’t thank her enough” Graham Clark

Adam Wagner

Adam Wagner

•NEVER ring a claims company following an accident.•DO NOT ring an Insurance company until you have taken advice.•GO directly to a solicitor who knows about motorcycles not one who has paid a fee to get your case.•DO NOT pay for legal expense cover and do not accept a solicitor appointed by your insurance company.

Important Post Accident Tips

MLS Legal Expense Protection

To register for FREE, go to www.motorcycle-lep.co.uk or pick up a card tonight and activate it.

www.motorcyclelawscotland.co.uk

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