motorcycle_accidents_blame

Motorcycling Accidents – Who’s to Blame?

See also:Ride Safe, STAY SAFE!

Most of us consider ourselves to be responsible road users and think that we are unlikely to be involved in a collision. However, according to statistics, the chances are that we will at some point have a road accident.

When it comes to the most regular causes of accidents on British roads you might be surprised. Excessive speed, driving under the influence of drink or drugs and mobile phone use are often cited as the most dangerous behaviour. But an extensive study undertaken by the IAM (Institute of Advanced Motorists) into fatal collisions revealed some unexpected results. The data came from police investigations into RTCs all over the UK.

The largest majority of accidents are caused by driver/rider error and most of those are as a direct result of not being observant enough. Next in this section is losing control, usually through cornering or negotiating other hazards too quickly. Poor turning and other manoeuvres and misjudging the speed of other road users also contribute to accidents involving driver/rider error.

“Injudicious action” is the second biggest cause of road fatalities. This involves actions such as travelling too quickly for the road conditions, not obeying static or mobile road signs and driving over the speed limit.

Inexperience and bad driving behaviour make up the next category. New drivers not taking the appropriate action in an emergency situation and aggressive, reckless or careless driving are typical examples.

The last main section is being impaired or distracted. Anything which takes the driver’s focus away from the road or affects their ability to drive, such as alcohol or drugs, is included here.

Motorbike Accidents

The good news is that in 2016 (figures for 2017 weren’t available at the time of writing), motorcyclist fatalities were down by 18% on the previous year. There was an overall drop of 3% for all casualties despite motorcycle traffic increasing by 2%.

However, motorcyclists, being among the most vulnerable road users, will be all too familiar with drivers failing to look properly and most will have experienced a near miss, or worse, an accident because of it. Despite long running advertising campaigns, drivers still open doors without checking for bikes and fail to take that extra look before pulling out of junctions or changing lanes.

But bikers can be just as guilty of causing accidents by failing to be observant or cautious enough. Motorcyclists have a duty of care towards themselves as the consequences of an accident can be so much more serious for them. There are actions which, although perfectly legal, can be potentially dangerous. These include filtering through traffic on dual carriageways and travelling down the outside of stationary traffic. Cars can pull out or change lanes and pedestrians could be crossing. The rider has to exercise extreme caution for their own safety and that of others.


Contributory Negligence

When a driver is responsible for a collision with a bike because of their carelessness, they should be held accountable. But there are circumstances in which bikers can be accused of contributory negligence when incidents occur in those situations, and that can affect insurance and compensation claims.

In one case a biker was riding on the outside of stationary traffic in a built-up area. A lorry driver had left a side street clear to allow a car to turn right from it. The car emerged slowly but the bike hit it. During the biker’s compensation claim the court decided that the car driver had exercised due caution whereas was deemed that the bike, while not speeding, was travelling too fast under the circumstances. It was ruled that the blame was fifty-fifty and the biker incurred costs.

Other than speeding, bikers can be accused of contributory negligence in a motorcycle accident where they have been overtaking on the nearside (undertaking). But it’s not just the riding style but also things like being inappropriately dressed such as when a rider has failed to wear high visibility clothing during the day or reflective gear at night, or when their injuries are more severe because of failing to wear sufficiently protective clothing or not having a correctly fastened helmet. Of course, a poorly maintained bike can also be a factor.

How Not to Become a Statistic

  • Don’t be distracted from the road, even for a moment. Concentrate only on your riding.
  • Don’t ride under the influence of drink or drugs. You’re not only more likely to have an accident but you will also become a social pariah.
  • When filtering, assume that a driver will pull out on you and ride accordingly.
  • Stay within the speed limits. However good a rider you are, if someone pulls out on you when you’re driving too fast for the conditions, it’s your life on the line.
  • Take care at junctions. A driver indicating might not be turning and don’t assume your way is clear at a green light, always take a second look.
  • Try to make eye contact with drivers at junctions so that you know that they have seen you, but don’t assume they have.
  • Don’t respond to aggressive behaviour on the road. Retaliating to bad drivers can escalate the circumstances and end up in a collision or confrontation.
  • Keep your bike in a roadworthy condition. Tyres, brakes, cables should be checked regularly and fluid levels topped up.
  • Consider all other drivers to be complete morons who are going to do something stupid.
     

When the Worst Happens

You could be the best, most experienced rider on the road, but at some point there is the possibility that somebody will collide with you. It is extremely traumatic to be involved in an accident, especially one for which you are blameless. The injuries sustained in an accident can be life changing. If it does happen to you, find out if you can claim motorcycle accident compensation and, as well as being recompensed for pain and suffering, you could recover medical related expenses, loss of earnings and travel costs.

 

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