There was an accident between a motorcycle and a biker. I want to discuss this ruling because the court clearly explains the legal steps in road accidents.
The traffic accident
The victim was cycling with her children outside the urban area on a narrow road with two paths beside it. At one time the group of cyclists was approached by multiple motors.
In view of the oncoming traffic could not overtake cyclists and motorbikes were driving behind the cyclist until the way was clear to overtake. When one of the vehicles accelerated to overtake the cyclists and then it crashed.
The victim was then confronted with serious injury and progresses of injury compensation from the driver of the motorcycle.
Who is liable?
In a collision between a vehicle and a cyclist, the driver of the motor required to pay the injury except in cases of major force. On the basis of law, there is so-called 50% rule under which the auto driver must compensate at least 50% of the damage.
It can be an inevitable accident if:
- The accident is only due to errors of the other;
- The mistakes of others are so unlikely that the driver needs to keep into account.
This means that drivers have to take into account that other cyclists and pedestrians do not always take the traffic rules so that he can anticipate.
Although the accident occurred because the cyclist fell over him, the court ruled that the driver of the motor with this possibility should keep in view of the narrow road and the traffic rules into account.
Now an appeal to force fails, the driver of the motor vehicle is liable for at least 50%. It must then be considered to the behavior of the cyclist and the vehicle to assess whether the vehicle driver must compensate more than 50% of the damage.
Fault of cyclist?
The court concluded that the accident would not have occurred if the cyclist would not have fallen. On the other hand, the court ruled that cyclist took insufficient distance from the cars when overtaking.
The court ruled that the behavior of both road users equally gave rise to the accident. That is, the movement error of the cyclist for 50% contributed to the occurrence of the accident.
This would mean that the car driver would have to pay 50% of the damage, unless equity permits a different distribution.
Under certain circumstances, a different distribution of the compensation applied. It looks at:
- The severity and culpability of the errors made on weather;
- Other circumstances such as the nature of the injury.
The court takes into account the fact that a cyclist is a weak traffic participant in relation to motor vehicles. That the cyclist has fallen is unfortunate but not caused by gross negligence. Conversely, the car caught on a narrow road where there were many cyclists. The car also should take enough space for overtaking.
If then also take into account the severity of the injury to the rider, the court concludes that the driver of the motor 70% of the damage must compensate. Read More
In short, both traffic participants equally to blame for the accident (50/50), but the driver of the motor vehicle will be liable 70% of the losses.
Personal injury solicitors burnley are experts in all personal injury matters. We will be able to advise you to have a valid claim for compensation