Who Is at Fault for Common Motorbike Accidents?
Determining who is at fault for a motorbike accident is not always straightforward. While some collisions are clearly caused by a driving error, others involve more complex manoeuvres – such as filtering, overtaking, undertaking or vehicles emerging from side roads. In these situations, establishing liability often requires a careful consideration of the facts, the relevant law and the Highway Code.
In this article, we explain why motorbike accidents occur so frequently and how solicitors establish legal fault for the injuries suffered. We then examine some of the most common motorcycle accident scenarios and explain who is likely to be held responsible for each collision.
In addition, we look at circumstances where a motorcyclist’s compensation can be reduced despite another road user being primarily at fault. This includes contributory negligence and the implications of a 50:50 liability settlement.
Finally, we explain how you can use our specialist legal help to assess liability and strengthen your claim.
- Who Is at Fault for Common Motorbike Accidents?
- Why Do Motorbike Accident Claims Happen So Often?
- How Do You Establish Who Is Responsible for a Motorbike Accident?
- Who Is at Fault When a Car Emerges From a Side Road Whilst a Motorbike Is Overtaking a Waiting or Turning Vehicle?
- Who is at Fault When Motorcyclists Overtake Stationary Vehicles?
- Who Is at Fault When a Motorcyclist Is Filtering?
- Who is at Fault When Motorcyclists are Undertaking Vehicles?
- When Can Motorcycle Compensation Be Reduced?
- Can a Motorcyclist and Another Vehicle Driver Both Be at Fault?
- Summary: Fault for Common Motorbike Accidents
- Free Initial Consultation with a Specialist Solicitor
Why Do Motorbike Accident Claims Happen So Often?
If you ride a motorcycle you will know of the extra dangers you face and extra precautions you must take on the roads to ensure your own safety.
Motorcycles are small, powerful vehicles – providing little protection in the event of a collision. Although this combination allows you to be fast and able to perform manoeuvres other vehicles cannot – it also reduces your visibility on the road and allows you to turn up unexpectedly with a higher risk of injury should an accident happen.
Car drivers and other road users simply say, “I never saw the bike” – this is the reason that motorbike accident claims happen so often in the UK.
How Do You Establish Who Is Responsible for a Motorbike Accident?
The process for establishing who is at fault for a road traffic accident – whether involving a motorbike, a car, a pedestrian or any other road user is largely the same.
You should consider:
Common Sense
Most of us are road users and will know when a driving error or error of judgment has occurred – which seems common sense. However, many motorbike accidents can be far more complicated that other road traffic accidents so it might not be quite so obvious who is at fault without further investigative steps being taken.
The Highway Code
What exactly does the Highway Code say about the manoeuvres that were being performed which caused the accident? You might be surprised about what your duties are when you encounter certain situations on a road.
The majority of the Highway Code applies to all road users, but Rule 83 – 88 apply specifically to motorcycles.
We shall point out the relevant Rules as we discuss legal liability for specific types of motorcycle accident.
Enhanced Duties For Vulnerable Road Users
Watch out – there are some specific parts of the Highway Code that give enhanced duties in respect of vulnerable road users, such as motorcyclists and pedestrians
Evidence of How the Accident Happened
Motorcycle accidents happen unexpectedly, so you may not know exactly how your collision occurred.
See our evidence to show how your road accident happened article. We explain the evidence you can use to show what exactly happened to cause your RTA.
Who Is at Fault When a Car Emerges From a Side Road Whilst a Motorbike Is Overtaking a Waiting or Turning Vehicle?
Car drivers will often rely on either a vehicle turning left or that has stopped on the main road to let them go. This may seem a safe opportunity to set off from a side road to turn left or right onto a main road. However, if a motorcyclist is overtaking the turning or waiting vehicle – all too often a car driver will not see the bike until it is too late and a collision will occur.
In this type of collision – case law has shown that fault generally lies with the car driver. The motorcyclist was performing a legitimate manoeuvre and a car driver should properly have waited until he could see a distance down the road to ensure it was safe to turn.
This type of collision is more common when a turning vehicle is a large one such as a bus or lorry as it obscures the driver’s view of the road behind the vehicle. In such occasions, a car driver should wait until the vehicle has completed its turn or until the car driver can see beyond the turning vehicle to ensure other road users, including motorbikes, are not overtaking.
Who is at Fault When Motorcyclists Overtake Stationary Vehicles?
Who is at fault for a collision when a motorcyclist is filtering depends on the type of accident that occurs and how the motorbike is passing stationary traffic.
When Is a Motorcyclist Classed as Filtering?
When a motorcyclist is overtaking stationary vehicles on the outside or offside – it is known as “filtering”.
Is Filtering Allowed by the Highway Code?
Filtering is permitted by Rule 88 of the Highway Code, so long as care is taken and speed is kept low .
Motorcyclists Must Anticipate Other Road Users When Filtering
The Highway Code is clear – when filtering motorcyclist must anticipate pedestrians crossing amongst the traffic, cars changing lanes and vehicles emerging from side roads.
Who Is at Fault When a Motorcyclist Is Filtering?
Generally speaking 4 types of collision occur when a motorcycle is filtering:
Pedestrians Crossing Through Traffic
If a pedestrian is hit – it is likely to be the motorcyclist who is at fault and liable to pay the pedestrian compensation.
Car Emerging from a Side Road
This is more of a difficult situation – it will depend on the speed of the bike and of the car and the manoeuvre that is performed.
If the car turned into the bike as it was passing – the car driver will likely be at fault for the motorcycle accident compensation.
If the car pulled in front of the bike and the bike hit the car – if the bike was going at speed the bike could be considered at fault. Alternatively – both the motorcyclist and the car driver will be partly responsible.
Be aware – the determination of legal fault whilst a motorcyclist is filtering is very different than when the bike is overtaking in normal circumstances.
Car Changing Lanes
This will depend exactly how the collision occurred – it is quite likely commonsense will prevail as to who will be considered at fault.
Vehicle Performing a U-Turn
If a collision occurs when a bike is passing stationary traffic and a car or other vehicle does a U-turn causing a collision – it is likely that the car driver will be held responsible to pay motorcycle accident compensation.
Who is at Fault When Motorcyclists are Undertaking Vehicles?
Motorcyclist Undertaking on the Nearside
A motorcyclist who is on the nearside of traffic (the side of the road closest to the kerb) is only permitted to pass vehicles in very limited situations – such as, when traffic is moving slowly or the motorcycle is turning left.
When Undertaking Permitted
If a collision occurs whilst a bike is undertaking when it is allowed to do so – the decision of who is at fault is similar to that described earlier for filtering.
When Undertaking Not Permitted
If however the accident occurs when a bike is not permitted to undertake – it is likely that the bike will hold the majority of the responsibility for the collision.
When Can Motorcycle Compensation Be Reduced?
Your compensation might be reduced even when you can show that the other driver was in error. You should still ask yourself the question:
Did your own actions in someway contribute to the RTA or the severity of your injuries?
If the answer is YES – the law may consider contributory negligence to exist. Resulting in the amount of compensation you are entitled to claim being reduced by a certain percentage.
Contributory Negligence
Contributory negligence describes the ways you have made an error that has either:
- Partly caused an accident, or
- Made the injuries that you would have suffered in the road accident more severe.
Some examples include:
Failure to Wear a Crash Helmet
Rule 83 of the Highway Code requires motorcyclists and pillion passengers to wear a crash helmet and ensure it is fastened correctly.
Rule 83 exempts Sikh’s who are wearing a turban from having to use a crash helmet.
If you are not wearing a helmet when a collision occurs the amount of motorcycle accident compensation you are entitled to will likely be reduced especially if you suffered a head injury.
Failure to Wear Other Protective Clothing
Rule 84 of the Highway Code describes the other types of protective clothing it is advisable to wear.
Injuries made worse by failing to wear such protective clothing will likely lead to a reduction in the accident compensation you will receive.
Speeding
If you are speeding when a collision occurs – you are likely to have your motorcycle accident compensation reduced. The more you are speeding the higher the reduction
Failure to Wear Visible or Reflective Clothing
A motorcyclist must try to make themselves as visible as possible. Rule 86 Highway code gives examples of suitable clothing to be worn for riding in the day. Whereas – Rule 87 Highway Code gives a description of suitable reflective clothing that must be worn at night.
Wearing the correct clothing will make your more visible on the road and could prevent you being missed by other road users.
Pillion Passengers
Rule 85 of the Highway Code does not allow more than one pillion passenger to be carried at one time on a motorbike. Any pillion passenger must sit astride the machine on a proper seat, facing forward with both feet on the footrests.
If these rules are not followed the motorcycle accident compensation for pillion passengers could be reduced.
Can a Motorcyclist and Another Vehicle Driver Both Be at Fault?
“Yes” – it is possible your motorcycle accident claim could settle on a 50:50 basis.
50:50 Liability Claims
The 50:50 is a very unusual scenario in law in which both you and the other road user are considered equally at fault for your accident.
In a 50:50 settlement – you can claim from the other driver and the other driver can claim from you. However, each party is only entitled to 50% of the amount of compensation claimed.
You might say that both parties have lost or both parties have won. Of course, your liability will be paid by your motor insurer.
50:50 Differs From Contributory Negligence
50:50 is very different than the contributory negligence scenario explained earlier. When contributory negligence is found – the other road user is considered by law to be responsible for your accident or technically to have “prime liability”. You are only seen to have contributed to the level of your own injuries.
For example, a reduction in compensation can take place for you not wearing a crash helmet. Here you can claim compensation (albeit a reduced amount) from the other road user, but as the other driver is considered by law to be responsible for causing your motorcycle accident that driver is not entitled to any compensation at all.
Summary: Fault for Common Motorbike Accidents
In summary, determining fault for a motorbike accident requires you to consider the circumstances of the collision, the Highway Code and the available evidence. Some accidents are straightforward. However, others involve more complex manoeuvres such as filtering, undertaking, overtaking stationary traffic or vehicles emerging from side roads.
As you have seen, liability depends on the precise facts of each case. Consequently, establishing who is responsible often requires a careful assessment of the actions taken by every road user involved.
However, proving that another driver was at fault does not always guarantee full compensation. Your award may be reduced if your own actions contributed to the accident or the severity of your injuries. This can occur through contributory negligence, such as speeding, failing to wear a crash helmet or failing to wear suitable protective clothing. In some cases, both parties may share responsibility, resulting in a 50:50 liability claim.
Understanding how fault is assessed in these common motorbike accident scenarios will help you better evaluate the strength of your claim and the compensation you may be entitled to recover.
Free Initial Consultation with a Specialist Solicitor
When a motorbike accident has occurred – your injuries can be quite severe. Therefore, we believe it is very important to contact a specialist motorbike accident claims solicitor. You can ensure you have the best chance to both win your claim and receive the maximum amount of compensation.
See our free telephone and online legal help options. You can call our solicitors direct to discuss your accident, arrange a callback and have your questions answered.
