“In 2022, 350 motorcyclists were killed in Great Britain, whilst 5,618 were reported to be seriously injured (adjusted) and 10,975 slightly injured (adjusted)”, according to the National Road Traffic Census.
Leading into Brake’s Road Safety Awareness Week (17th – 23rd November 2024), understanding liability and implementing safety measures are essential for both riders and drivers to navigate the roads more safely.
Liability and contributory negligence
When looking at motorcycle collisions, the issue of liability is normally the first hurdle in terms of a claim. There is no automatic right to compensation and so the defendant must be proven to have been either partially or fully at fault for the incident. The defendant must be proven to be negligent in their actions whilst driving and as such they will have breached their duty of care as a road user.
In some cases, the injured motorcyclist may also be found partially liable for the collision. This principle, known as contributory negligence, can affect the compensation amount. For instance, if a rider was not wearing a helmet or if they were speeding, their compensation may be reduced based on their percentage of fault. The defendant may make allegations of contributory negligence when proving fault and liability.
Safety Tips for Motorcyclists
Wear Appropriate Gear
Investing in high-quality protective gear is essential. This includes:
- Helmets: Always wear a helmet that meets UK safety standards.
- Protective Clothing: Use leather or textile jackets, trousers, gloves, and boots designed for motorcycle riding.
- Visibility Aids: Bright or reflective clothing can increase visibility, especially in poor weather conditions or at night.
Maintain Your Motorcycle
Regular maintenance checks can prevent mechanical failures that could lead to accidents. Key maintenance tips include:
- Checking tire pressure and tread.
- Regularly inspecting brakes and lights.
- Ensuring fluid levels are adequate.
Stay Aware and Alert
Situational awareness is crucial. Riders should:
- Keep a safe distance from vehicles.
- Be cautious of blind spots.
- Use mirrors frequently and check for approaching traffic.
- Be aware of pedestrians.
Follow Traffic Rules
Motorcycle riders must follow the same traffic rules as other motorists.
- Adhere to speed limits.
- Signalling when appropriate.
- Stopping at red traffic lights.
There are many motorcycle and risk awareness courses available that would be beneficial to improve safety standards while driving or riding.
Brake Road Safety week highlights the importance of having regard for other roads users all year round so together we can seek to reduce road traffic collisions and the devastating affect it has upon our lives. Distraction remains a key cause of road traffic collision so when you are using the road either as a driver, biker, cyclist, horse rider or pedestrian keep your attention fully on the road. Let’s all arrive safely at our destination.
Matthew Claxson, Partner in the Serious injury team
How Moore Barlow can help
Motorcycle collisions can have devastating consequences, but understanding liability and implementing safety measures can significantly reduce risks. Riders and drivers should be aware of their legal responsibilities and take proactive steps to protect themselves and others on the road.
Our specialist Solicitors in the Serious Injury Team can be contacted on 0800 157 7611 or by email at claim@moorebarlow.com. Our Team are experts in acting for injured persons to access rehabilitation, secure interim payments and recover compensation to rebuild lives
