A case of split liability
On 31st August 2014, Mags was riding her motorcycle between St Boswells and Galashiels.
She was on her way back from a motorcycle event with two other motorcyclists who were positioned two cars behind.
She was travelling north on the A68 on the approach to the Ravenswood roundabout. It was her intention to turn left and access the A6091 to Galashiels. The road on the approach to the roundabout was a single carriageway, however, approximately 150 meters from the roundabout the single carriageway split into two separate lanes allowing traffic to enter the left lane if turning left onto the A6091 and to the right lane if proceeding straight onto the A68 north.
As Mags approached the roundabout she noticed a car positioned in the left lane, however, it did not indicate it was turning left onto the A6091. To her right, was another motorcyclist who was situated in the right lane with the intention of proceeding straight onto the A68.
As the motor vehicle did not indicate it was turning left, Mags positioned herself alongside the other motorcyclist to the left of the outside lane with the intention to turn left ahead of the motor vehicle to her nearside. However, the motor vehicle did not turn left, as anticipated by the lane it was in, and instead proceeded straight around the roundabout. Subsequently, Mags and the motor vehicle collided.
Mags, was taken to Borders General Hospital by ambulance. She sustained a head injury and bruising down her left hand side from the impact of the fall. The head injury resulted in post-concussion syndrome and, as a result, Mags had no recollection of the collision.
She was very upset when the Police told her she was in all probability responsible for the collision.
Mags contacted the expert team at Motorcycle Law Scotland. We intimated a claim to the driver's insurers as, after all, the driver could have done more to avoid the collision given that she was in the wrong lane on approach.
It was agreed both parties were equally to blame as both could have done more to prevent the collision from occurring and, as a result, liability was split evenly. Mags had been at fault for not waiting behind the motor vehicle in the left lane, as her intention was to turn left, and the motor vehicle driver was found to be at fault for not positioning herself in the correct lane or, if incorrectly positioned, then indicating right.
Liability was agreed at 50:50 and the motorcyclist received over £6500 in compensation. A 50/50 settlement means you will get half the full value of the claim, so never assume you are at fault and always contact us for free initial advice.
Liability was agreed at 50:50.