Speed and filtering
In cases of motorbike accident claims, it is rarely clear who or what is entirely to blame or responsible for the accident’s occurrence.
Anyone riding a motorcycle will be aware of the risks and dangers they are exposed to when they take to the road. It is a sad fact that motorcycle accidents are all too common, and there are around 3.500 motorcycle fatalities each year.
There are numerous reasons why motorbike accidents may occur, but amongst the most common are speed and filtering.
The biker is often stereotyped as being careless and cavalier when it comes to speed, and this is one of the most difficult areas of motorcycle litigation. Whether observed by a witness or alleged by another party involved such as a car driver, speed is inevitably cited as a factor in motorcycle accidents.
Speed must make a tangible difference to the accident circumstances in order to be considered a relevant factor.
More often than not in motorbike accident claims, there is poor evidence of speed – however calculations may be made according to any physical evidence available at the scene of the accident.
Filtering is the term used for overtaking lines of traffic and many bikers consider it a benefit of being on two wheels rather than four to be able to overtake lines of traffic on the outside or between lines of stationary or very slow moving traffic.
In cases of motorcycle accidents it is commonly alleged that an accident occurred because the motorbike was moving too fast when filtering with undue regard for other vehicles.
In such cases an 80/20 split is often offered by insurers against a motorcyclist, in line with the somewhat outmoded ‘Powel v Moody’ case in which a car pulled out of a side road and hit a biker overtaking a line of traffic. We do not consider this case to be a relevant ‘cover all’ model and just because it represented a significant victory for insurers back in the Sixties does not mean it should automatically dictate ratios of responsibility.
As experienced litigators, Motorbike Solicitor treats each case on its individual merits and will strive to represent you, or a member of your family to he best if its ability in accidents involving speed and filtering.
Please do not hesitate to contact our approachable team for free impartial advice and no obligation legal guidance.
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