If I was speeding at the time of my motorcycle accident, does this mean I cannot collect compensation?
- October 5, 2017
In the Motorcycle Accident Compensation, there are many Road Traffic accidents Scenarios, and there is an explanation on how to get compensated for such accidents. You will understand how your actions can lower the amount of motorcycle accident compensation that you are claiming- including that of speeding not wearing protection, for instance, the helmet. In the Highway Code, rule 83-88 applies explicitly to motorcycles. In the case where you are speeding, and the accident occurs the compensation will reduce. The more the speed rate means that the bike compensation will.
If you are a motorist and overtaking stationery vehicles on the offside, it is referred as filtering and is allowed by the Highway Code in rule 88, but you should be careful, and you should drive at relatively low speed. As a motorcyclist, you should look out for pedestrians who are crossing the traffic, vehicles coming from the side roads and cars that are changing lanes. Commonly, during filtering four kinds of collision could occur;
Pedestrians passing in between the traffic
If you crash on a pedestrian, you are responsible and liable to offer the hit pedestrian Road Traffic Accident compensation.
Vehicle coming from the side road
This accident puts in a challenging position and depends on the speed of the car and the bike and the maneuver that is done. If the vehicle turned into the motorcycle as you were passing, the driver of the car will be at fault and will have to pay you motorcycle accident compensation. But if the car drove in front of the bike and the bike crashed on the car, if the motorcycle as moving at high speed, your bike will be the one at fault and if not, it is possible that both the car and the bike will be responsible partly.
Vehicle switching lanes
This collision will depend on precisely how the accident happened. It is likely that common sense will be used to ascertain who is at fault.
A vehicle makes a U-turn
If the accident occurs when the motorcycle is moving past stationary traffic, and the vehicle performs a U-turn. It is possible that the driver will be responsible for paying for the motorcycle accident compensation.
A motorist is only allowed to overtake cars on the nearside( the part of the road nearest to the Kerb) in insufficient circumstances- for instance when the traffic is slow moving, or the bike is making a left turn. If the accident happens while the motorcycle is undertaking when it is permitted to do so, deciding on who is at fault is the same to that explained earlier for filtering. If however, the collision occurs when the motorcycle is not allowed to undertake, it is possible that the motorist will be more responsible for the crash.
If the accident is due to the mistake of another road user- there are ways in which the motorcycle compensation will be lowered. Due to what is referred to as contributory negligence. Contributory negligence explains the ways you have committed the mistake that has either partly led to the collision or caused the injuries that you could have incurred in the road crash more severe; the following are some of the examples:
- Failure to put on a crash helmet
From the Highway Code rule 83, it requires motorists and passengers on the pillion to have on the crash helmet and make sure it is fastened in the right manner. However, this rule does not include the Sikh’s who wear the turban instead of using the crash helmet. If you were not wearing a crash helmet at the time of a collision, you would have reduced motorcycle compensation especially if you get a head injury.
If you were riding the bike at speed at the time of a collision, it is possible that the motorcycle accident compensation will be lowered.
- Failure to have on detectible clothing in the day and for the night, reflexive attire
As a motorcyclist, you must try to make yourself detectible by the naked eye- in the Highway Code Rule 86 offers examples of appropriate clothing to be used for riding during the day and Rule 87 Highway code explains the proper reflective wear that should be worn during night time.