Bob
19th May 2005, 00:03
Simon Gibson, head of personal injury at Kirwans Solicitors claims the level of compensation handed down by the Courts to motorcyclists fails to reflect the seriousness of the injuries suffered, fostering a ‘them and us’ attitude in which bikers feel car drivers and the Courts have a prejudice against them.
Mr Gibson said: “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 added: “I am constantly frustrated by the compensation available for the injuries sustained by motorcyclists when compared to the motor car driver. The law simply must be reviewed to afford the motorcyclist the level of legal protection which their lack of physical protection merits.”
Mr Gibson said: “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 added: “I am constantly frustrated by the compensation available for the injuries sustained by motorcyclists when compared to the motor car driver. The law simply must be reviewed to afford the motorcyclist the level of legal protection which their lack of physical protection merits.”