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The High Court has heard evidence in a case relating to a road accident between a Range Rover and a child in Preston.

 

At the time of the accident the child was aged 7 years. The accident occurred in daylight as the child, Anisa Rehman, was crossing Acregate Lane, Preston close to her home. The vehicle driver, Mr Brady, gave a statement that he was driving towards New Hall Lane and due to the presence of parked cars on both sides of the road he slowed to between 20 and 30mph. Mr Brady stated that as he drew level with a parked transit van a small girl ran out from behind the parked van directly in front of his vehicle. Despite emergency braking he was unable to avoid a collision. The child was hit by the Range Rover and suffered serious injuries including serious head injuries.

 

A claim for personal injury compensation was brought by the child's parent against Mr Brady's insurers who denied that Mr Brady was responsible for the accident.

 

After considering evidence from road traffic accident reconstruction experts the court found that at the time of the collision Mr Brady was driving at between 28 and 32 mph. The road speed limit was 20mph and there were traffic calming measures in place. In view of the nature of the road, the presence of parked vehicles and road works on the road the judge found that despite the 20 mph speed limit a reasonable speed in the circumstances would have been 15mph. It was held that if the Range Rover was travelling at a lower speed the accident could have been avoided and therefore the judge held Mr Brady liable for the accident.

 

The insurers then argued 'contributory negligence' on the part of the child - i.e. that the child ought to have been aware that it was unsafe to cross when she did and therefore she ought to be held 20 - 25% to blame for the accident.

However, the judge disagreed that the child was partly to blame on the basis that if the Range Rover had been driven at the speed limit of 20 mph at the point when the child stepped into the road the accident would not have happened as the child would have safely reached the other side of the road before a collision could occur.

 

The driver was held 100% to blame for the accident and the insurers obliged to compensate the child in full.

 

Children are among the most vulnerable road users and child pedestrian accidents are common and often lead to serious injuries. Liability in pedestrian accidents is not always straightforward and the speed of the vehicle is usually an important factor in deciding liability in such cases.

 

If you or your child have been injured in a pedestrian road accident you should obtain advice from a personal injury solicitor to find out if a claim for compensation can be made.

 

Added 27.01.12

 

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One of the most common causes of road accidents involving a motorcycle and another vehicle is the failure of the vehicle driver to see the approaching bike. This is particularly a problem at junctions. Most bikers have experienced a nerve shattering 'near miss' as a car driver pulls out from a side road into the path of their bike.

 

Unfortunately, in many cases the motorcyclist isn't able to avoid the emerging vehicle and an accident occurs, often resulting in injury to the biker. In these circumstances the driver's usual explanation of 'Sorry - I didn't see you' is of no comfort to the injured motorcyclist. What may give some small comfort to the biker is the knowledge that, when the initial emergency is over, they can make a motorbike accident claim for the costs of bike repairs, replacing damaged helmet and leathers, financial losses and expenses, loss of earnings and compensation for the injury sustained.

 

Despite the admission "Sorry - I didn't see you" many drivers and their insurers try to blame the biker after a collision occurs. This is particularly the case if the motorcyclist was overtaking at the time of the accident.

 

This point was highlighted recently in the High Court case of Woodham v Turner **  which involved a coach driver emerging from a side road and turning right through a gap in a queue of stationary traffic onto the main A143. As the coach was edging slowly forwards a motorcycle, overtaking the stationary traffic, collided with the front off-side corner of the coach. As a result of the collision the biker sustained serious injuries. Liability for the accident was disputed and the coach driver argued that the motorcyclist was 100% to blame for the accident because he was overtaking at the junction.

 

The High Court accepted that the coach driver was edging out very slowly and that her view of traffic approaching from the right was blocked by stationary traffic. The court found that the driver was at fault by moving out when she could not be sure that no motorcycle was approaching. However, the court also considered whether the motorcyclist had failed to take sufficient care for his own safety by overtaking stationary traffic on the approach to a junction.

 

The court decided that motorcyclist ought to have been aware of the hazard of vehicles pulling out through a gap in the traffic and, whilst it was agreed that the bike was travelling at only 20 mph, the court decided that he was not overtaking at a 'very low speed' which would give him the opportunity to avoid an emerging vehicle. The court found that a speed of 15mph or less would have given the motorcyclist a real chance of taking action to avoid the collision. Accordingly the court found that the coach driver was 70% to blame and the biker was 30% to blame for the accident.

 

The failure of the motorcyclist to take extra care in hazardous circumstances resulted in a 30% reduction of his final compensation award. However, despite the coach driver's allegation that the biker was 100% to blame the biker actually succeeded in recovering 70% of the value of his claim from the driver's insurers.

 

 

The importance of expert legal advice to prove motorbike accident liability

 

It is important to remember that the question of blame in motorcycle accident claims must be decided on the facts of each individual case. However, drivers and their insurance companies will often dispute claims or seek to blame bikers for accidents where the driver, not the motorcyclist, is legally liable. It is therefore important that injured bikers get independent, expert legal advice following a motorbike accident to prove liability correctly and ensure that full and proper compensation is obtained.

 

Contact Beckett & Co Solicitors for free, independent motorcycle accident claim advice

 

If you have been injured in a motorbike accident contact us for free, independent, expert advice about making a claim for compensation. We will act on a no win - no fee basis and make sure that you keep 100% of any compensation received.

 

Freephone* 0800 731 5434 or Telephone: 01772 472554 or click here to request a free call back

 

**[2011] EWHC 1588 (QB)

 

 

Motorcyclists are among the most at risk road users and according to figures released by Lancashire Police 45% of all serious and fatal road accidents north Lancashire - including Lancaster, Morecambe and Wyre areas - have involved motorcyclists with just over half of these collisions being caused by rider error. However, a significant number of motorbike accidents are non-fault on the part of the biker and are caused by the actions of other road users.

 

 

Young riders most likely to have an 'own fault accident'

 

Police investigation into collisions showed that in cases involving a motorbike or moped under 125cc the average age of the rider was 19 years. In 80% of those collisions the rider was to blame.

 

However, in collisions involving machines with over 500cc the average age of the rider was 38 years and in these cases the biker was to blame in only 44% of collisions. The majority of accidents involving larger bikes ridden by older riders were non-fault on the part of the motorcyclist.

 

Unsurprisingly 80% of all collisions involving a motorcycle occurred between Friday and Monday which is perhaps accounted for by the fact that, in addition to being a regular form of transport, motorcycling is also a leisure activity enjoyed by many more bikers at weekends than during the week.

 

 

Older bikers are statistically safer riders

 

The police investigation shows that, statistically, older bikers are less likely to have an own-fault accident. This is unsurprising as older bikers generally have years of riding experience and a higher level of riding ability than new bike owners. However, there are significant numbers of older bikers taking up motorcycling or returning to motorcycling after a break. It is important that all riders, whatever their age and experience, are aware of their own riding limitations and the importance of riding responsibly and avoiding taking risks.

 

According to Sgt Nigel Ralphson of the Road policing unit:

“Older riders may also want to think about if their riding skills and physical fitness is what it should be, and consider taking an eye test or brushing up with a refresher riding course. It is not a sign of weakness - it is taking proactive measures to ensure your own safety."

 

 

Other road users urged to 'be aware' of motorcyclists

 

Lancashire Police regularly interact with motorcyclists in order to get safety messages out to them. However, in view of the fact that many motorbike accidents are caused by other road users it is important that the police urge other motorists be more aware.

 

Sgt Ralphson said: “Many collisions involve other road users who haven’t seen the motorcyclists and I urge motorists to be mindful of the motorbikes on our roads at this time of year, as they aim to make the best use out of the last of the good weather. Please be aware of their vulnerability and take extra time to look out for them.”

 

 

Personal Injury compensation for non-fault motorbike acidents

 

If you have been injured in a motorcycle accident that was not your fault, or if you believe that another person was partly to blame, contact us for free, no obligation advice about making a claim for personal injury compensation. We will act on a no win - no fee basis at no cost to you and you will keep 100% of your compensation. Free home and hospitals are also available anywhere in Lancashire

 

Freephone: 0800 731 5434 or click here to request a free call back 

 

 

 

                                                 

Most motorcyclists are aware that if they are injured in an accident that was clearly not their fault they can make a claim for compensation for any injury and financial loss sustained. If a motorcycle rider is a victim of a clear non-fault accident a claim for compensation can be made.

 

However, establishing fault for a motorcycle accident is not always straight forward and in many cases expert legal advice is required to confirm who is legally responsible. Sometimes bikers are blamed for accidents which are not legally their fault and in others the blame may be shared between the biker and another road user.

 

If a motorcycle rider is partly to blame for a road accident the biker can still make a claim for compensation although the final value of the compensation award will be reduced to reflect the extent to which the motorcyclist caused or contributed to the accident. For example, if a motorcyclist is 50% to blame for an accident the final compensation award will be reduced by 50%.

 

 

Motorcycle accident clearly your own fault?

In some cases it is clear that the motorcyclist is responsible for causing the accident - for instance an accident where no other vehicles are involved. We are often asked if a claim for personal injury compensation can be made in such cases. The short answer is no: a claim for personal injury compensation can only be made if the accident was caused or contributed to by the actions of another party.

 

However, some motorcycle insurance policies have added personal accident insurance which may entitle an injured rider to some benefit or payment in the event of an accident regardless of who was to blame. If you have been injured in an own-fault motorcycle accident we would recommend that you contact your motorcycle insurance brokers or insurance company to check your policy provides for personal accident benefits. A claim on an injured rider's own personal accident policy will be subject to the conditions and limits applicable to the individual policy. This type of claim is different and separate to making a full claim for compensation against another driver's insurers -  which can only be made if another driver is to blame or partly to blame for the accident.

 

 

Legal advice after a motorcycle accident

It is important not to make any admission of liability after a motorcycle accident. For details of the action that should be taken after an accident click here. It is important that bikers obtain their own independent legal advice if injured in a road accident.

 

If you have been injured in a motorcycle accident contact us for free, no obligation advice on

Freephone: 0800 7315434 or Telephone: 01772 472554 or click here to request a free call back.

 

 

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Beckett & Co Solicitors are expert personal injury solicitors who believe that offering the 'personal touch' is important to reassure clients who may be worried about instructing a solicitor after being injured in a motorcycle accident.

  

Recent research has shown that clients want 'Easy-to-understand charges and a solicitor who remembers their names' according to the Solicitors Regulation Authority which governs solicitors in England.

  

Personal Legal Service

We take pride in providing a one to one service to bikers and pillion rider injured in motorbike accidents.  We guide and help accident victims from the start through until the conclusion of their personal injury compensation claim. We offer free, no obligation advice by phone and free meetings to assess every new case and to ensure that the claim process is explained by the solicitor who will handle the case. This ensures that our clients have all the information and advice that they need and any questions are answered right at the start of the claim. Our clients have access to their own personal injury solicitor who deals with the claim from start to finish.

  

Free home & hospital visits

We also offer free home and hospital visits to clients anywhere in Lancashire - not just at the start of a claim but at any time until the claim is completed.

 

No win - no fee funding allows our clients to proceed with their motorcycle accident compensation claim without worrying about payment of costs and ensures that our clients keep 100% of their compensation with no charges to pay.

 

We treat each of our clients as an individual rather than merely 'a case'. We make the effort to get to know our clients and build a relationship of trust. This ensures that our clients feel happy to approach us about any aspect of their case in the knowledge that they will be able to discuss their case with their own personal claim solicitor.

 

If you have been injured in a motorcycle accident and would like to discuss making a personal injury compensation claim contact us for free, friendly, expert advice. We are happy to discuss matters with you on the phone or if you prefer face to face advice we will arrange for a solicitor to discuss your claim in a free meeting either at our office or your home.

 

We can be contacted on 0800 7315434 or you can request a free call back and we will contact you free of charge.

 

 

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Motorcycle accidents happen every day. However, deciding who is to blame for a motorbike accident is not always straightforward.

 

Own-fault’ motorcycle accidents

In some cases accidents happen purely as a result of rider error and are clearly the ‘own fault’ of the rider. Such incidents can happen to the best of riders as demonstrated yesterday when World Superbike championship leader Carlos Checa dropped his Ducati in the mud whilst celebrating his race 1 win at Miller Park, USA. Fortunately Checa was not injured or fazed by his clear ‘own fault accident’ and went on to win race 2!

 

‘Non-fault’ motorbike accidents

Unfortunately, in the ‘real world’ of motorcycling, bikers are regularly injured in accidents which have a devastating effect on the lives of injured motorcyclists and pillion riders. Many such accidents are clearly ‘non-fault’ from the biker’s point of view and in such cases the injured biker is entitled to make a claim for compensation for personal injury, financial losses, and past and future expenses.

 

‘Own fault’ or ‘non fault’ accident? Who decides?

In the majority of cases it may seem clear whether an accident has been caused by the rider’s ‘own fault’ or whether the accident is ‘non fault’ on the part of the biker. However, there are a significant number of accidents in which ‘fault’, or legal liability, is not clear and in such cases it is important that the biker obtains independent legal advice regarding the accident. Without proper expert legal advice bikers are often blamed for accidents which are not legally their fault. This is particularly the case where the motorcyclist was exceeding the speed limit at the time of the accident. However, speeding at the time of an accident does not necessarily mean that the biker is liable for the accident. There are a number of factors to be taken into account, including all of the actions of all the parties involved in the accident.

 

Assessing liability for a motorcycle accident may ultimately be a matter for a court to decide but in the first instance the biker should seek legal advice from specialist personal injury solicitors who can advise on the question of liability and confirm whether the biker can make a claim for compensation. It is important to remember that even if a motorcycle rider is partly to blame for an accident a claim could still be made.

 

If you have been injured in a motorcycle accident and want to know whether you can make a claim for compensation contact us today to discuss your potential claim completely free of charge.

 

Freephone: 0800 731 5434 or  Telephone: 01772 472554   or  click here

 

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Lancashire Evening Post on-line today reported that a motorcyclist has sustained “very serious” head injuries in a motorbike accident at the junction of Blackpool Road and Deepdale Road, Preston. The accident involved a collision between a Suzuki motorcyle and a car at around 11am today.

 

The motorcyclist was taken by ambulance to the Royal Preston Hospital. It was not believed the driver of the car has suffered serious injuries.

 

Blackpool Road, Preston was closed in both directions whilst police accident investigators attend the scene.  

 

 

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BMW has today unveiled a new motorcycle and car communication system that aims to prevent cars pulling across the path of oncoming bikes.

 

The system is called 'Turn Left Assistant' and uses a camera and laser scanner mounted on the front of a car to ‘see’ an oncoming bike and prevent a car travelling under 6mph from crossing in front of the bike. The system is currently developed for left handed vehicles and is not therefore currently for use in the UK.

 

If the laser scanners detect vehicles approaching and the car continues to move the system activates automatic braking in a low speed range up to 10 km/h to prevent a collision. At the same time, a warning sound and warning symbols in the instrument cluster advise the driver of the car.

 

The system also has a communication system where vehicles fitted with the system can 'talk' to each other to prevent collisions. This can be used for car to motorcycle communication. The BMW test bike is currently a BMW R1200GS.

 

Udo Rietschel, development engineer in the BMW Group Research and Technology project said: "The car and the motorcycle communicate with one another via the car-to-x interfaces as the motorcycle approaches."

 

“On the basis of the data exchanged between the car and motorcycle an algorithm then calculates their trajectories and identifies whether a collision is likely. In critical situations the motorcycle increases its conspicuity to warn the car driver. The level of collision risk is assessed and various measures taken accordingly; the motorcycle’s headlight is adjusted gradually, its strength increased and the flashlights and LEDs positioned on the sides of the bike and on its mirrors are activated to create a broader silhouette."

 

"If there is an acute risk of collision, the motorcycle's horn also sounds. If the car continues into the intersection regardless, the left turn assistant brakes the car automatically to a standstill. Here again, a warning sound and relevant warnings in the instrument cluster and Head-Up Display indicate to the driver during and after the full braking manoeuvre why the car has been braked.”

 

 

Any system to improve road safety, and in particular reduce the vulnerability of motorcyclists, has to be welcomed. However, such safety ‘intervention systems’ must be seen as an addition to, rather than as a replacement for, proper driver awareness, care and skill.

 

If you have been injured in a motorcycle accident contact us today for free advice regarding your claim

 

Freephone: 0800 7315434 or Telephone: 01772 472554 or click here

 

 

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A motorcyclist who suffered catastrophic injuries in a motorcycle accident when his Yamaha R6 was hit by a tipper truck in London in November 2008 has been successful in his claim for compensation.

 

Mr Meluziis made a motorcycle injury compensation claim against the insurers of the truck. On 12th May 2011 a judge at the High Court approved a personal injury compensation settlement of £3.3 million.

 

The motorcyclist, Mr Luca Meluziis, sustained severe injuries including, massive internal injuries, brain injury and spinal injury which mean that he now needs to use a wheelchair which, the court heard, makes it very difficult for him to visit his family on the Italian island of Capri, parts of which are inaccessible for wheelchair users.

 

If you have been injured in a motorcycle accident contact us for advice regarding your claim on Freephone: 0800 7315434 or Telephone: 01772 472554 or click here to send us a free enquiry.

 

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