Even the best riders can fall victim to negligent drivers
John contacted Motorcycle Law Scotland regarding a road traffic incident he had been involved in near Hamilton whilst riding his motorcycle home from work.
How did John know about Motorcycle Law Scotland?
John is an experienced motorcyclist having held his licence for over 15 years. He's also an Advanced motorcyclist and an Observer for the Institute of Advanced Motorcyclists. He became aware of Motorcycle Law Scotland following a presentation its Founder, Brenda Mitchell, did for IAM Members in Glasgow.
What happened and what caused the motorcycle collision?
John entered the roundabout on the A723 Strathaven Road and was planning to take the second exit when a car failed to give way, entered the roundabout from his left and collided with him.
As an experienced motorcyclist, John saw the car approaching and made sure he had eye contact with the driver. However, the car kept on coming straight at him and he was therefore denied any opportunity to take effective evasive action. He fell from his motorcycle on impact and was injured.
The behaviour of the driver following the collision was rather strange. He was initially apologetic but when it was suggested the Police should be called to the scene, he became aggressive and threatening. The Police arrived, breathalysed the driver and confirmed that he had, in fact, been driving under the influence of alcohol.
What were John's motorcycling injuries?
John sustained injuries to his neck, shoulder and back. His brand new BMW motorcycle, BMW Evo 6 helmet and Rukka Armas motorcycle leathers were all badly damaged. The quality of his protective clothing certainly reduced the extent of his injuries.
How did Motorcycle Law Scotland motorcycling Lawyers help and what happened next?
A claim was intimated to the third party insurers within days of the incident occurring. The Police informed our motorcycle Lawyers that charges had been brought against the driver for driving under the influence of alcohol as well as careless driving. The driver proceeded to then plead guilty. He was fined £200 for the careless driving charge as well as £400 for the drink driving charge and disqualified from holding a driver licence for 2 years.
The third party insurers subsequently admitted liability for the incident and proceeded to release interim payments so that our client could replace his damaged motorcycle and kit. Settlement negotiations commenced with a final settlement reached being in excess of £17,000.
John was delighted with the outcome. His main concern at the outset was to recover the extensive cost of his damaged motorcycle and kit. He was not expecting to be in a position to claim £4,500 for his injury alone.
John had this to say,
"This was a very weird experience for me. Immediately after an incident when still in shock, you doubt yourself and wonder whether you have done something wrong to cause the crash. Fortunately, two witnesses who were followng behind me were able to confirm that the car had just come straight at me. The driver certainly acted very strangely so it was clear something wasn't quite right.
I am so glad that I phoned Brenda to discuss my accident as my Insurance Company had been completely useless. I remember her saying at the presentation that, if injured, motorcyclists should always seek advice from a specialist motorcycling Lawyer. She was right!
From the off Brenda and Jodi Gordon who took over the day to day management of my case were superb. They kept me informed at all times and I am very appreciative of what they did for me. I would highly recommend their services to any injured motorcyclist."