civil law and motorcycle collisions
TRANSCRIPT
Presenta(on to EDAM April 28th 2016
Colinton Bowling Club -‐ Edinburgh
Civil Law and motorcycle collisions
Law Reform (Contributory Negligence) Act 1945
• “where any person suffers damage as the result partly of his own fault and partly of the fault of any other person or persons, a claim in respect of that damage shall not be defeated by reason of the fault of the person suffering the damage, but the damages recoverable in respect thereof shall be reduced to such extent as the court thinks just and equitable having regard to the claimant's share in the responsibility.”
Lady Stacey Driver 100% to blame
“I have come to the view that the accident happened because Mr Swinton pulled out onto the main road once the pursuer had come round the corner and should have been visible to Mr Swinton, had he taken due care.”
“On the maber of contributory negligence, I am not persuaded that there is evidence to show that the pursuer was guilty of contributory negligence.”
5 most common accidents
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Bends on rural roads
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Filtering
Collisions at junctions
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Overtaking Loss of control
What to do in the event of an accident?
• STOP at the scene if the accident has caused injury, or if there’s damage to a vehicle, property or street furniture (such as a street lamp). If possible, alert oncoming traffic.
• CONTACT the police (999 from a landline or 112 from a mobile) if anyone is injured, the collision is causing a hazard or someone has leg the scene without exchanging details.
• OBTAIN the registra(on number(s) of vehicle(s) involved. • PHOTOGRAPH the scene of the accident and note road
number/specific loca(on. Photograph any road surface defect that may have caused the accident.
What if it happens to you?
• It’s your choice, NOT your insurer’s • Motorcycle Law Scotland’s Legal Expense Protec(on
To register for FREE, go to www.motorcycle-lep.co.uk or pick up a card tonight and activate it.