Pedestrians Injured in Collisions With Motorcycles
Pedestrians can be seriously injured or killed in collisions with motorcycles, even when the motorcyclist is driving at a relatively low speed, as pedestrians have absolutely nothing protecting them from the force of impact in the event of a motorbike colliding with them. Motorcyclists, on the other hand, are usually wearing protective clothing, including helmets, and are therefore unlikely to be seriously injured if they crash into a pedestrian and are thrown from their vehicle’s seat into the road. Accidents of this kind are unfortunately fairly common, with elderly people and children disproportionately likely to be involved.
Pedestrians Hit by Filtering Motorcyclists or at Junctions
Collisions can occur when motorcyclists are filtering past stationary vehicles, but pedestrians do not see them, and step out in front of a stationary vehicle oblivious to an oncoming motorcycle. Alternatively, a pedestrian may be crossing a road at a junction just as the traffic lights turn amber, and a motorcyclist may not have time to stop even if they are driving at a relatively low speed. Sometimes a pedestrian may be hit by a motorcycle when they are crossing a road at a junction or zebra crossing when the lights are red, as there is simply no way of anticipating when or why a motorcyclist will fail to stop when they should.
Who is Responsible When a Motorcycle Hits a Pedestrian?
In the majority of cases involving collisions with pedestrians, motorcyclists are likely to be found mainly to blame for accidents, as the law imposes a high duty of care on all road users with regard to the safety of pedestrians. A pedestrian may, however, be guilty of contributory negligence, particularly if they failed to look properly before stepping out in front of a stationary vehicle or onto a crossing. Even if responsibility and hence liability for an accident is split, injured pedestrians can still claim compensation as, on balance, the split is likely to be in their favour.
Pedestrians Injured When Motorcyclists Lose Control
Another possible accident scenario is when a motorcycle mounts a pavement and collides with a pedestrian. A motorcyclist may lose control of their motorbike for various reasons, including if they are swerving to avoid a collision with another vehicle on the road. Weather conditions may be a factor, or the motorcyclist may simply be driving recklessly and/or breaking the speed limit. They may be under the influence of drink or drugs, or be distracted for any reason and not paying proper attention to road conditions in front of them.
Bartletts Solicitors has claimed compensation for numerous pedestrians injured due to reckless and negligent driving by motorcyclists. In the event that a motorcyclist is uninsured or cannot be traced following an accident, compensation can still be obtained from the Motor Insurers’ Bureau (MIB). When a pedestrian is hit by a motorcycle, the experience will inevitably be mentally traumatic, as such accidents are usually completely unexpected and happen in a split second, and compensation awards will reflect both the physical and psychological effects of an accident, as well as loss of earnings due to time off work and the cost of medical treatment.
Case Study: Pedestrian Hit by Moped While Crossing Road
Mr T was injured when a moped ran into him as he was walking across the road at a zebra crossing. The beacon lights were flashing amber at the time, and a motorist approaching the zebra crossing from the other direction had halted to give way to another pedestrian crossing the road from the other side. Mr T stated after the event that he had no doubt in his mind that the moped rider would stop, as he had already stepped out onto the zebra crossing, and it was therefore his right of way. The moped rider stated, however, that he had not seen Mr T properly due to the bright sunshine on the day in question, momentarily dazzling and blinding him. Mr T was taken to hospital following the accident where he was treated for a fractured wrist and cuts and bruises, while the moped rider was also treated for minor injuries.
Mr T later contacted Bartletts Solicitors via our website, having read about our firm’s experience in representing pedestrians injured by dangerous drivers, and we agreed to take on his claim on a no win no fee basis. The case was eventually settled out of court, after we argued successfully that the moped rider was 100% liable for the accident. Mr T had priority as a pedestrian to cross the road when and where he did, and the moped rider was clearly driving carelessly, without paying proper attention to the road in front of time when he collided with Mr T. The moped rider was a teenager who had only passed his compulsory basic training (CBT) course a few weeks prior to the accident, and it was later acknowledged that his inexperience on the roads may have been a factor in the accident. He was subsequently fined for careless driving, and Mr T received compensation totalling £3,750 from the moped rider’s insurers.
Case Study: Lady Hit by Mobility Scooter While Shopping
We recently represented a lady who was knocked down and injured by an elderly man driving a mobility scooter dangerously outside a shopping centre. Ms D was chatting with a friend on the pavement when she was struck in the side by the scooter and fell to the ground, injuring her hip, wrist and hands in the process. The pensioner driving the mobility scooter was apologetic, and admitted that he had simply lost control of the vehicle temporarily. Ms D’s friend drove her to an NHS walk-in centre, where she was treated for bruising to her hip, wrist ligament damage and lacerations to her hands. She was forced to take the rest of the week off work to recover, and was still experiencing weakness and pain from her injuries weeks later.
Ms D got in touch with Bartletts Solicitors having read about our handling of a similar case, and later instructed us to begin a compensation claim on her behalf against the mobility scooter driver. We wrote to the latter party’s insurance company, pointing out that the considerable pain and suffering that Ms D experienced was due to the inattention of the scooter driver, his failure to observe Ms D standing still in his path, and his inability to properly control his vehicle. Mobility scooters have caused a large number of accidents on public highways in the UK over the past few years, and we were able to point to similar cases in which damages had been paid out following accidents involving the vehicles being driven dangerously. We were ultimately able to reach a compensation settlement totalling £3,750, of which Ms D kept 100% with no deductions under the terms of her no win no fee agreement.
Make a free compensation enquiry today
For specialist advice on your personal injury claim, call us now on Liverpool 0151 227 3391 or Chester 01244 645830 or Wrexham 01978 360056 or complete a Free Online Enquiry and we will soon be in touch.
