Common Accidents

MACS can pursue compensation claims on a no win-no fee basis for motorcyclists who have been involved in all types of accidents.

Some of the more common types of accident include a junction collision; fault, accident caused by diesel or oil spillage; filtering accident; accident caused by pothole; non-collision accident; and transferring a claim.

 

  • Junction collision

    Junction collision

    or SMIDSY (Sorry Mate I Didn’t See You)

    Bikers are particularly vulnerable at junctions and one of the most common causes of accident is when a car pulls out at a junction and doesn’t see the bike. In the majority of cases the driver has not followed the old rule of ‘look once look twice think bike’.

    Many bikers will also have experienced a near miss and research suggests that many motorists have difficulty judging the speed of an approaching bike and any misjudgement on the part of a motorist can have devastating consequences.

    When it comes to establishing who is at fault and to what extent, the legal situation is not clear cut and each case will be judged on its merits. Often all parties involved in an accident will feel they had right of way, particularly when the accident involved a car and bike, so the speed, position and behaviour of each vehicle involved will be examined in detail.

    Road users should know when they have right of way – read the Highway Code if you’re not sure. Motorists are expected to anticipate the presence of bikers on the road, while bikers should be aware of the need to take extra care when overtaking or undertaking slow or stationary traffic near a junction.

    Motorists will often seek to blame the biker for an accident, even if it is they who are wholly or partly at fault. It is therefore important to seek legal advice from experts in motorcycle law.

    Following an accident MACS will provide specialist legal advice for you and your family, support you through your rehabilitation and pursue a claim for loss, injuries and damage on your behalf.

    Contact us now to find out more >

  • Diesel or oil
    spillage

    Diesel or oil spillage

    In order to pursue a compensation claim caused by a diesel or oil spill on the road, it is necessary to prove that the spill was caused by the negligence of another road user. This is not as difficult as it may seem.

    Our experience of handling cases involving a spillage tells us that more often than not a diesel or oil spill is the result of a negligent act, for example when a negligent motorist has overfilled their tank or failed to secure their fuel cap properly. These spills usually take place on roundabouts and junctions but can be found in other road locations too.

    We are often asked how large a spill has to be in order for a claim to succeed, but there is no hard and fast rule. The larger the spill then the greater chance there is of a successful claim, but the key point is that all of the diesel or oil must have come from a single vehicle, rather than from various sources.

    In the majority of cases it is not possible to trace the negligent party, but a claim can be pursued instead against the Motor Insurers’ Bureau (MIB). The MIB is a fund, paid into by motor insurance companies, which pays compensation to the victims of road traffic accidents caused by untraceable and uninsured motorists.

    Any motorcyclist involved in an accident resulting from a spill on the road should report the incident to the police and local authority as soon as possible. Make sure you take photographs of the accident location and the spill. Get as many details as you can from other road users if they witnessed the accident.

    Following an accident MACS will provide specialist legal advice for you and your family, support you through your rehabilitation and pursue a claim for loss, injuries and damage on your behalf.

    Contact us now to find out more >

  • Filtering accident

    Filtering accident

    Third party insurers often dispute liability for accidents which occur when a motorcyclist is filtering through slow-moving or stationary traffic.

    The Highway Code does allow filtering and Rule 88 states “when filtering in slow-moving traffic, take care and keep your speed low.”

    Factors that are considered when deciding fault in filtering accidents include whether either party was indicating, whether the collision took place close to a junction and whether mirrors were checked immediately prior to impact. The motorcycle’s position on the road will also be examined.  

    A court may find motorists at fault if they have not made sufficient checks for the presence of filtering motorcyclists before making a manoeuvre, even if signals were applied.

    However, the act of filtering may be viewed as taking on an additional risk of collision which would not be there if the motorcyclist had waited in the line of slow moving or stationary traffic with other road users.

    Rule 167 of the Highway Code states “DO NOT overtake where you might come into conflict with other road users. For example approaching or at a road junction on either side of the road.”

    Motorcyclists filtering or overtaking at the approach to a junction, even a minor junction, are often found to be partially to blame.

    Following an accident MACS will provide specialist legal advice for you and your family, support you through your rehabilitation and pursue a claim for loss, injuries and damage on your behalf.

    Contact us now to find out more >

  • Pothole strike

    Pothole strike

    Motorcyclists are particularly vulnerable to accidents involving potholes and defective road surfaces.

    Extreme weather over the winter months and local authority spending cuts have contributed to an increase in the number of potholes we see on Scottish roads. A recent freedom of information request reveals that a complaint was made about potholes every three minutes during winter 2017/18.

    The Roads (Scotland) Act 1984 places a statutory duty on local authorities and highway agencies to maintain public roads and motorways. Local authorities and highway agencies are expected to undertake regular inspections and carry out any necessary repairs in a reasonable time.  

    In order to establish a claim it is necessary to show the body responsible for a particular road has failed in these duties. For a claim to be successful it is necessary to prove the following:

    •    the accident occurred on a public road
    •    the defect is sufficiently hazardous
    •    the local authority or highway agency knew or ought to have known of the defect at the time of the incident

    Where possible and bearing in mind your own safety, if you are involved in an accident due to a pothole or defective road surface then you should take photographs of the defect and take measurements, including width and depth. Speak to local witnesses to establish whether anyone can provide evidence of how long the defect has been present and whether it has previously been reported.

    Further investigations will be required into the systems of inspection for the road in question and whether complaints had been made previously. If you contact us to investigate your claim we can undertake a freedom of information request for this information. We can then advise you the likely prospects of your case and what compensation you may be entitled to as a result of your accident.

    Following an accident MACS will provide specialist legal advice for you and your family, support you through your rehabilitation and pursue a claim for loss, injuries and damage on your behalf.

    Contact us now to find out more >

  • Non-collision accident

    Non-collision accident

    If a motorist causes you to take evasive action which results in a crash they can be held responsible for your injuries and property damage, even if there has been no contact.

    This is known as a non-collision accident and can occur when another road user:

    •    Changes lanes or moves across your path
    •    Attempts an overtake manoeuvre when it is not safe
    •    Attempts a turn without indicating
    •    Opens a vehicle door into your path
    •    Cuts a corner

    If you are forced off the road or need to take evasive action which leads to injury and damage as a result, you will be entitled to make a claim.

    The Road Traffic Act (Scotland) 1988 states that “where an accident occurs owing to the presence of a mechanically propelled vehicle on a road and an accident occurs by which injury or damage is caused, a driver has a duty to stop, report an accident and share information and documents”.

    If for any reason the motorist involved does not provide their name and address they must report the accident. Should they fail to comply with their duty under the Road Traffic Act they have committed an offence.

    It is crucially important that you take details from any witnesses if the other road user(s) involved in the accident decides to leave the scene without providing any.  

    If an accident is caused by a dog owner allowing their dog to enter the road, or a pedestrian running across your path, you are still entitled to make a claim if their negligent actions cause you to take evasive action which results in injury and damage.

    Following an accident MACS will provide specialist legal advice for you and your family, support you through your rehabilitation and pursue a claim for loss, injuries and damage on your behalf.

    Contact us now to find out more >

  • Transfer your claim to us

    Transfer your claim to us

    Achieving a successful outcome to your claim depends largely on the solicitor handling it.

    If you are unhappy with the progress of your claim or if you believe the service you are receiving is unsatisfactory you are entitled to seek alternative legal advice.

    You should consider seeking alternative legal advice if any of the following apply:

    •    There has been a lack of contact from your solicitor
    •    You are not satisfied with the progress of your case
    •    You feel your solicitor does not have the experience to pursue your case effectively
    •    You are concerned about the advice you are receiving from your solicitor
    •    You feel the relationship with your solicitor has broken down

    If you decide to make a change the first step is to instruct your new solicitor to send a ‘form of authority’ to your previous solicitor instructing them to release your file of papers. Your previous solicitor should not make contact with you during this process. They should instead discuss any issues with your new solicitor. If they do try to make contact then simply refer them to your new solicitor.

    Transferring your claim to MACS is easy – all we need to get things moving is a signature and a reference number from your current solicitor. We will resolve the issue of any costs incurred up to the point of transfer.

    MACS will provide specialist legal advice for you and your family, support you through your rehabilitation and pursue a claim for loss, injuries and damage on your behalf.

    Contact us now to find out more >