1) The presentation discussed 5 common types of motorcycle accidents including accidents on rural roads, filtering, collisions at junctions, overtaking, and loss of control. 2) Case law examples were provided that demonstrated how liability in motorcycle accident cases can vary significantly depending on the specific facts and how judges assess contributory negligence. 3) Advice was given on what actions to take in the event of a motorcycle accident as well as promoting a legal expense protection program to help cover costs for motorcycle accident claims.

1. Presentation to
Honda Pan European Riders Group
Deerpark Golf Club
30th
March 2017
‘We’ve got your back’

2. Where do you stand?

3. Uphill struggle | Specialists on your
side

4. 5 most common accidents
Bends on rural roads
Filtering
Collisions at junctions
Overtaking Loss of control

5. Filtering

6. Powell v Moody (1966)
Driver - 20% Motorcyclist - 80%

7. Pell v Moseley (2003)
Driver - 50% Motorcyclist - 50%

8. Davis v Schrogin 2006
Driver – 100% at fault

9. Woodham v Turner (2012)
Motorcyclist – 50%
Coach driver - 50%

10. R v Aviva
Motorcyclist ?
Driver ?

11. Motorcycle Law case – Mr R

12. Each case – Fact sensitive

13. Rural Roads

14. Arnot v Sprake (2001)
Motorcyclist 100% to blame

15. The Case of Ms N

16. Left hand bends

17. Beware of the coos

18. Beware of the coos

19. Beware of the coos

20. The Good,
the Bad and
the Ugly
Judges

21. Key influences
• Consistent
• Contemporary
• Independent
• Common sense
• Concordant with their own
experience

22. Adam Russell v NFU

23. Adam Russell v NFU

24. NFU v Adam Russell

25. Lady Stacey – “The Good”
Driver 100% to blame
“I have come to the view that the
accident happened because Mr
Swinton pulled out onto the main road
once the pursuer had come round the
corner and should have been visible to
Mr Swinton, had he taken due care.”
“On the matter of contributory
negligence, I am not persuaded that there
is evidence to show that the pursuer was
guilty of contributory negligence.”

26. Adam Wagner

27. Adam Wagner

28. Adam Wagner

29. Adam Wagner v Thomas Grant and
another
• 60% Driver
• 40% Motorcyclist

30. “The Ugly”
• Bend
• Lorry and
motorcyclist on
approach
• Lorry over centre line
• Motorcyclist near
centre line
• Collision and
motorcyclist loses
right leg

31. European Riding

32. Road surface defects

33. Overbanding and loose gravel

34. Diesel Spill

35. Re-instatement

36. Re-instatement

37. Re-instatement

38. What to do in the event of an accident?
• STOP at the scene if the accident has caused injury, or if
there’s damage to a vehicle, property or street furniture (such
as a street lamp). If possible, alert oncoming traffic.
• CONTACT the police (999 from a landline or 112 from a
mobile) if anyone is injured, the collision is causing a hazard
or someone has left the scene without exchanging details.
• OBTAIN the registration number(s) of vehicle(s) involved.
• PHOTOGRAPH the scene of the accident and note road
number/specific location. Photograph any road surface defect
that may have caused the accident.

39. Don’t let the sharks bite!

40. Michael Gibson

41. Michael Gibson

42. From £5k to £50k

43. What if it happens to you?
• It’s your choice, NOT your insurer’s
• Motorcycle Law Scotland’s Legal Expense
Protection
To register for FREE, go to www.motorcycle-lep.co.uk
or pick up a card tonight and activate it.

44. www.motorcyclelawscotland.co.uk
www.facebook.com/motorcyclelaw
www.twitter.com/motorcyclelaw1