TOP SOLICITOR’S COMPENSATION CALL FOR MOTORCYCLISTS
03 June 2005 - Kirwans

A LEADING solicitor has called for an overhaul of the law in order to give motorcyclists greater protection.

At present, motorcyclists involved in accidents face huge hurdles to receive the level of compensation they deserve, according to Simon Gibson, head of personal injury at Kirwans Solicitors.

He says this fosters a “them and us” attitude in which bikers feel car drivers and the Courts have a prejudice against them.

As a result, the level of compensation handed down by the Courts to motorcyclists fails to reflect the seriousness of the injuries suffered, he claims.

Mr Gibson said: “The motorcyclist does not enjoy the safety of a seatbelt and is not surrounded by a metal and glass shell. Therefore, a relatively low impact RTA can easily lead to serious injuries for the motorcyclist whilst the car driver may walk away uninjured.

“Those who have motorcycle riding in their blood - the majority of riders - tend to accept these implicit risks. But the law fails to offer the motorcyclist any level of protection comparable to the car driver.

“If an accident occurs whilst they are filtering through traffic or overtaking a stationary line - they will be likely to be found partially to blame.

“Neither of these manoeuvres is an offence under the Highway Code. Nevertheless, the courts usually conclude that filtering/overtaking is a manifestly dangerous manoeuvre and are often quick to find that a motorcyclist could have prevented an accident by not carrying such out.

“The implication seems to be that the rider should queue in slow or stationary traffic in the same manner as a car. “

Mr Gibson recently represented a motorcyclist who, while overtaking a stationary line of traffic, was hit by a driver attempting a U-turn.

He was rushed to hospital and underwent emergency surgery, suffered severe fractures and a blood clot which was potentially fatal. The Court awarded damages of £15,000 for the injury – less 33 per cent to represent his share of liability.

Mr Gibson added: “I am constantly frustrated by the compensation available for the injuries sustained by motorcyclists when compared to the motor car driver.

“In vehicle driver claims, by far the most common injury is whiplash - a soft tissue injury. Awards of £1,500 - £2,500 are commonplace. These injuries usually involve minimal medical treatment and relatively limited intrusion into employment or social life and full recovery.

“The level of compensation currently being awarded to motorcyclists seriously underestimates their pain and suffering when compared to a whiplash patient.

“The law simply must be reviewed to afford the motorcyclist the level of legal protection which their lack of physical protection merits.”

www.kirwanssolicitors.co.uk

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