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Motorbike Injury Lawyers Blog

Some may ask; what is a pillion passenger? It’s a mostly British term that describes a person who sits behind the rider/driver of a motorbike. Riding pillion is only illegal if the motorbike doesn’t have a securely fitted seat behind the rider, and the passenger must also be able to reach the footrests.

If they don’t have the required height to reach the footrests, or the motorbike is only designed for one passenger, it’s illegal to carry a pillion passenger.

Taking a legal pillion passenger accident, where does a pillion passenger stand in terms of being able to claim?
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If you were not at fault for the accident, then yes!

You can make a Road Traffic Accident claim for your injuries if the driver you collided with was at fault for the accident. However, if your injuries could have been entirely or partly prevented by wearing a helmet, then that could affect the compensation amount awarded to you.

You can still claim either way though.
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Bikers often come out in force in the warmer months, so there are arguments to say there’s less of a chance of a collision in the colder months. At the same time, lights are often more easily visible in the dark during the shorter days too, which can help bikers to be seen more easily.

But that doesn’t mean bikers are in less danger, and the dangers can be increased during winter for other reasons; especially in times of worse weather like we are set to be enduring soon.
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We should never forget that there are always road accident risks, which is why we all need to do our part to make sure we follow the Highway Code to reduce and prevent accidents from happening.

Needless to say, road traffic accidents can be very dangerous. Many accidents to motorbike riders cause serious injury, and can tragically be fatal. With other drivers often finding it harder to spot motorcyclists, as well as their lack of protection when compared to a car, they’re usually at a much greater risk.
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We recently did a blog on overtaking, and we covered undertaking in that as well. But undertaking motorbike accidents are a common thing, and it’s a hot topic for debate as well.

So, let’s look at this from a legal perspective.

If a motorcyclist is undertaking another vehicle, and an accident occurs, who is at fault? Is the motorcyclist allowed to undertake? Or is it perhaps too dangerous and leaves the blame squarely with the rider?
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Most people know that a driver who crashes in to the back of another vehicle is pretty much always at fault for the accident. Unless the vehicle in front intentionally or recklessly slammed their brakes on, you’ll normally find that liability rests firmly with the driver hitting the back of the vehicle in front.

So, is this the same for motorcycle accidents?
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Potholes – the scourge of motorists throughout the country.

It’s annoying enough when we hit them in a car, but when we hit them on a motorbike, the consequences can be far worse. For one, the likelihood of losing control and coming off your bike is often a near-certainty, so the injuries and damages are often far worse.

So, if you have hit a pothole as a motorcyclist and been injured as a result, what can you do?
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Motorcyclists are completely entitled by law to filter in and out of traffic, and overtake vehicles so long as it is safe to do so. However, motorcyclists’ overtaking is one of the more common ways in which motorbike accidents occur.

In this article, we’ll take a quick look at how motorbike accidents involving overtaking can occur, and where the blame lies.

As specialist Motorbike Injury Lawyers, we’ve helped plenty of people in these sorts of circumstances in the past.
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The goods news is that you can, generally speaking, still claim for a motorcycle accident even if you were not wearing a helmet.

You should have been wearing a helmet – but it doesn’t automatically stop you from being able to make a successful claim for personal injury compensation. If someone else was to blame for the accident then you are still entitled to claim in the usual way.

However, your failure to wear a helmet may be reflected in any payouts awarded.
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Being able to filter through traffic is one of the advantages that riding a motorbike offer. However, it can be dangerous when it is not done safely by riders, or (more commonly) where drivers are not paying enough attention and hit a legally filtering motorcyclist.

Drivers can fail to see bikes at the best of times, so when filtering, drivers often find it even harder to see bikes. The Highway Code addresses it and says:

“It is often difficult to see motorcyclists and cyclists, especially when they are coming up from behind, coming out of a junction, at roundabouts, overtaking you or filtering through traffic.”

It’s always worth remembering that filtering is legal and the Highway Code rules for motorcyclists state “when filtering in slow-moving traffic, take care and keep your speed low”. Motorbikes can filter safely but accidents do still occur.
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