Well if the bike was damaged then a criminal charge (or minor infringement) was imposed it isn't going to given much comfort to the biker. In my view, without the benefit of delving into my books at present (busy day) I would have a go and a civil action for negligence and possibly even nuisance. For those legal buffs out there, I am referring to the rule in Rylands & Fletcher below:
"We think that the true rule of law is, that the person who for his own purposes brings on his lands and collects and keeps there anything likely to do mischief if it escapes, must keep it in at his peril, and if he does not do so, is prima facie answerable for all the damage which is the natural consequence of its escape
"
This rule has been applied in relation to interferring radio waves, water and countless other annoying "discharges". That said, without the benefit of reasearch I am not sure if the courts have extended the application to discharges from cars. Still, I agree with Ixion that an action for negligence is on the cards but the element of forseeability wil be the likely downfall.
J
"Resort to the law so exhausts finances, patience, courage, hope, so overthrows the brain and breaks the heart, that there is not one honourable lawyer who would not give the warning "Suffer any wrong rather than come here".
Charles Dickens
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