Presentation to Lomond Bikers MCC

March 2nd 2015

Glasgow

Road Traffic Collisions and Civil Law

Motorcycle Law Scotland• Provide an innovative and dynamic

legal service for motorcyclists by motorcyclists

• Cover ALL of Scotland from 5 offices• Only handle motorcycle accident

and injury cases• Work on a “No win, no fee” basis• Are passionate about what we do

The LAW and perceived prejudice

• Criminal cases• Civil cases

Sentences for motorcyclists

• “Biker jailed for 6 mths and banned for 18 mths for taking teenage son on 122mph pillion ride.”

• “Motorcyclist sentenced to 9 mths in jail for dangerous driving after speeding at 166mph.”

compared to…..

Sentences for motorist

• 63 yr old motorist Thomas Scully • 2 previous drink driving convictions• Sentenced to 18 wks jail suspended for 12

months and 250 hrs community service. • Scully was 2x over legal alcohol limit• Pulled straight out in front of the 17 yr old

motorcyclist and then drove off at speed after the crash leaving him for dead.

Evidence

• Research suggests judges look for evidence that is:– Consistent– Contemporary– Independent– Common sense

and most of all– Concordant with their own experience

Filtering

• Powell v Moody (1966)• Harding v Hinchcliffe (1964)

Powell v Moody (1966)• A motorcyclist approached the tail end of

stationary traffic two abreast. He proceeded to overtake on the offside. A car driver came out of a side road on the nearside to go through a gap and turn right onto the main road in the opposite direction. The driver was given a signal to emerge by a milk tanker driver. As the car driver inched out, he collided with the motorcyclist.

• Car driver 20%• Motorcyclist 80%

Harding v Hinchcliffe (1964)• B class road. • Motorcyclist following a bus.• Bus signals to turn left.• Motorcyclist overtakes bus.• Car driver waiting at the junction

pulls out into the path of the motorcyclist.

• Car driver 100% to blame.

Filtering basics• Keep speed down to 15mph or less.• Watch junctions• Jones v Lawton (2013)

“road users should be aware of the possibility of a motorcycle proceeding along the outside of the slow moving lanes of traffic. It is exactly what any driver

should expect of a motorcyclist in such traffic conditions. A motorcyclist would be unlikely to stop and start in line with the traffic when it was clear for

him to pass.”

Speed

Road Surface Defects

• Overbanding• Case of Robert

Stevenson

Case of Robert Adams

• MIB

Case of Jim Smith

Case of Jim Smith

Report Potholes

• Mobile Apps– www.fillthathole.org.uk– Street Repairs

Panel Solicitors

Panel Solicitors

• Graham Clark• Adam Cowie

Graham Clark

Adam Cowie“nothing seemed to be happening and no-one appeared to be interested in my claim, which, having originally been handled by a partner in the firm, was now being looked after by a trainee solicitor……I only wish I’d gone straight to Motorcycle Law Scotland at the start instead of accepting the solicitor appointed by my insurance company – and never again will I accept legal cover when I renew my insurance cover.”

Hazard Perception

• Case of Adam Wagner

Adam Wagner

Adam Wagner

• Select number of specialist firms. Regional coverage.• Cross Border arrangements.• Experienced motorcycle accident claims Lawyers.• Personal service - no form filling. • Qualified and experienced Lawyers will handle the case from

initial contact to conclusion.• All Law firms work closely with the independent motorcycle

dealers within the region ensuring that repairs and hires remain with the region.

• All Solicitors ride motorcycles and fully understand motorcycle dynamics and control, accident circumstances and relevant case law.

Specialist Motorcycle Accident Lawyers – UK

•DO NOT pay for legal expense cover and do not accept a solicitor appointed by your insurance company.

•GO directly to a Solicitor who knows about motorcycles, not one who has paid a fee to get your case.

Important Post Accident Tips

MLS Legal Expense Protection

To register for FREE, go to www.motorcycle-lep.co.uk or pick up a card tonight and activate it.

www.motorcyclelawscotland.co.uk

www.facebook.com/motorcyclelaw

www.twitter.com/motorcyclelaw1