subject: Injured Motorcyclist Sues After Accident For Substantial Sum [print this page] We all know the dangers of driving vehicles on the roads today. Whether you hear of a car accident that resulted in whiplash claims, or a motorbike accident where the outcome was fatal. Unfortunately, road traffic accident claims involving motorcyclists are increasing in the UK, which is perhaps not surprising given the additional dangers posed on two wheels.
Whilst riding a motorbike requires markedly different skills to driving a car, many accidents are caused by the inherent differences between motorbikes and cars; indeed, not only are motorbikes significantly faster and more agile than the average car, but they are also more difficult to spot on the roads - a point that was made painfully clear to Lesley Williams several years ago, when her Honda CBR 600 sports bike collided with a Suzuki 4x4 vehicle.
Personal injury claims are often brought against motorists whose acts of negligence have resulted in physical injury; however, insurance companies and the courts will often apportion liability amongst the parties so that no one driver is held solely responsible.
Unless the defendant is clearly the only person to blame for an accident, distributing liability helps to establish each party's fault. In the present case, Ms Williams is suing the driver of the Suzuki Vitari 4x4, David Marks, for no less than 300,000, according to the Plymouth Herald newspaper.
Ms Williams has claimed that, in November 2007, she was travelling behind Mr Marks' vehicle on the B3252 when she attempted to make a legal overtaking manoeuvre. After indicating correctly, Ms Williams is said to have pulled out before moving alongside Mr Marks' vehicle. At this point, it is further alleged that Mr Marks made a sudden and unannounced right turn into the entrance of Looe Bay Caravan and Camping Park.
Unfortunately, Mr Marks had driven into the path of Ms Williams, who was thrown from her bike and suffered multiple injuries. In addition to suffering compound fractures to her right arm and leg, Ms Williams sustained a broken pelvis in the accident and still requires medical supervision. Ms Williams has been unable to return to work since the accident.
Due to Mr Marks failing to check before executing a right turn, which resulted in his driving into Ms Williams' motorbike, Ms Williams' legal team maintains that he was therefore negligent.
The success of Ms Williams' claim will centre on whether Mr Marks indicated before pulling out and whether he had begun to move before or after Ms Williams began to overtake him. Motorbikes can accelerate with significant speed and can drift into a car driver's blind spot, it will therefore be necessary to introduce eye witness reports to establish how much each party was to blame for the accident.
