Being a motorcyclist can be fraught with hazards due to other road users. The main reason for this would be that drivers of vans, cars and lorries can fail to check their mirrors and surroundings properly before making a manoeuvre.
The most common of these manoeuvres is a vehicle turning right when a motorcyclist is overtaking.
The Highway Code states that when changing lanes or turning right then the “mirror, signal and manoeuvre” rule applies.
Therefore, drivers should, in these circumstances:
- Check their mirrors for other traffic, especially motorcyclists.
- Signal their intention to change lanes or turn right
- Carry out the manoeuvre in a safe fashion
However, motorcyclists have the same duty of care as other road users so who is at fault in a situation such as this.
In the case of Pell v Mosely, a motorcyclist was overtaking a queue of traffic. There was an event taking place in a field to his right. There was a lot of activity. A car driver at the head of the queue indicated to turn right into the event at the very last minute. The driver failed to see the approaching motorcyclist.
In this case both parties were held 50% responsible for the accident.
The motorcyclist should have been aware of the activity taking place and anticipated that vehicles may be turning right. However, the vehicle turning right should have made an indication earlier and checked properly for overtaking vehicles before making a manoeuvre.
The main problem in any accident involving a motorcyclist is that they can be extremely difficult to spot!
As a motorcyclist you are one of the most difficult road users to detect in traffic. A quick glance in the mirror by a motorist can mean that you have gone unseen. Unfortunately, people can look but not see or register what is there and this is one of the main causes of accidents for people riding motorcycles.
A motorcycle is of a much smaller size than that of a normal car, and they are quick and slick through the traffic. Often riders are dressed in black and cannot be seen very easily.
If you, as a motorcyclist have been involved in an accident, if injured, and more than likely you have, then you may be entitled to make a claim for a motorcycle accident.
Here at The Injury Lawyers we specialise in personal injury claims and all the other aspects that can come with being injured. Other expenses, reasonably incurred, can also be included within your claim.
Therefore if you have been injured as a result of this type of accident, and it was not your fault, then please contact us for professional advice on your circumstances.
Our dedicated claims line is free. Call us on 0845 634 75 75.
