We can help you claim
compensation following an accident
illness or injury - nationwide
Call: 0800 10 757 95
The sense of freedom which motorcyclists can feel on their vehicles may sometimes result in them becoming casualties in a road incident and trying to obtain motorbike accident compensation.
Because motorbikes can fit through gaps in traffic or between buildings which a car driver could not get their vehicle through, motorbike riders can occasionally forget that other road users may not expect them to be next to them on the road, or be prepared for them to emerge from a certain opening.
Statistics show that more often than not it is the fault of the car driver, after not having seen the individual on the motorbike, which causes a road traffic accident, however, if a rider has been involved in an accident because they were weaving in and out of traffic, they may be found to have greater liability for their personal injury than the car's driver.
Trying to get through a traffic jam by passing between slow-moving vehicles may seem like an efficient way of saving time instead of being stuck in a queue, but it could result in the rider being knocked down if another road user moves across a lane without having noticed them.
The Highway Code warns against weaving in between traffic, and other similar actions, stating that the rider should "position [themselves] so that drivers in front can see [them] in their mirrors". Additionally, the code says that it is important "when filtering in slow-moving traffic" to "take care and keep speed low".
Filtering is legal in the UK but should be undertaken with caution and motorcyclists should remember that if they take their motorbike abroad filtering may be illegal in certain countries, such as America, although not in the state California. It is always important to read a country's road laws before joining other road users as a rider.
Filtering is also known as "lane-splitting", "white-lining", "lane-sharing" and "stripe-riding".
Many riders will find that should they experience a motorbike crash while filtering through traffic they will be found 80% liable leaving the car driver 20% liable for the accident. It is generally regarded as being the motorcyclist's fault if they are hit, since if they are filtering safely through traffic they should have time to see a car move into their path.
This 80/20 split of liability is very often used in compensation cases, having been taken from a 1960's case referred to as Powell v Moody, in which a motorcyclist moving through a line of traffic was hit by a car pulling out of a side road.
Although many personal injury insurers see this case as out of date, the 80/20 split may still be employed if it is thought by the court that the motorcyclist was most at fault.
Seeking motorbike accident compensation with our help
If you have had an accident while filtering through traffic, which you feel was not your fault (or for which you feel you are not the most at fault), then we could help you make a personal injury claim for your pain, suffering and loss of earnings.
To get in contact with one of our advisers and see if an expert solicitor could take on your motorbike accident compensation case today, phone us on 0800 10 757 95, fill in a short claims form online, use live help, or request a call back.
