We've got your back

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Presentation to Honda Pan European Riders Group Deerpark Golf Club 30 th March 2017 ‘We’ve got your back’

Transcript of We've got your back

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Presentation to Honda Pan European Riders Group

Deerpark Golf Club30th March 2017

‘We’ve got your back’

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Where do you stand?

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Uphill struggle | Specialists on your side

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5 most common accidents

Bends on rural roads

Filtering

Collisions at junctions

Overtaking Loss of control

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Filtering

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Powell v Moody (1966)

Driver - 20% Motorcyclist - 80%

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Pell v Moseley (2003)

Driver - 50% Motorcyclist - 50%

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Davis v Schrogin 2006

Driver – 100% at fault

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Woodham v Turner (2012)

Motorcyclist – 50% Coach driver - 50%

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R v Aviva

Motorcyclist ? Driver ?

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Motorcycle Law case – Mr R

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Each case – Fact sensitive

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Rural Roads

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Arnot v Sprake (2001)

Motorcyclist 100% to blame

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Left hand bends

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Beware of the coos

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Beware of the coos

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Beware of the coos

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The Good, the Bad and

the Ugly

Judges

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Key influences

• Consistent• Contemporary• Independent• Common sense• Concordant with their own

experience

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Adam Russell v NFU

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Adam Russell v NFU

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NFU v Adam Russell

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Lady Stacey – “The Good”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 matter of contributory negligence, I am not persuaded that there is evidence to show that the pursuer was guilty of contributory negligence.”

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Adam Wagner

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Adam Wagner

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Adam Wagner

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Adam Wagner v Thomas Grant and another

• 60% Driver• 40% Motorcyclist

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“The Ugly”• Bend• Lorry and motorcyclist

on approach• Lorry over centre line• Motorcyclist near

centre line• Collision and

motorcyclist loses right leg

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European Riding

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Road surface defects

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Overbanding and loose gravel

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Diesel Spill

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Re-instatement

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Re-instatement

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Re-instatement

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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 left the scene without exchanging details.

• OBTAIN the registration number(s) of vehicle(s) involved.• PHOTOGRAPH the scene of the accident and note road

number/specific location. Photograph any road surface defect that may have caused the accident.

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Don’t let the sharks bite!

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Michael Gibson

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Michael Gibson

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From £5k to £50k

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What if it happens to you?

• It’s your choice, NOT your insurer’s• Motorcycle Law Scotland’s Legal Expense

Protection

To register for FREE, go to www.motorcycle-lep.co.uk or pick up a card tonight and activate it.

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www.motorcyclelawscotland.co.uk

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www.twitter.com/motorcyclelaw1