Accidents involving motorcyclists, cyclists, emergency vehicles and learner drivers
Accidents involving motorcyclists, cyclists, emergency vehicles and learner drivers

The following PI & Clinical Negligence guidance note provides comprehensive and up to date legal information covering:

  • Accidents involving motorcyclists, cyclists, emergency vehicles and learner drivers
  • Motorcyclists
  • Cyclists
  • Emergency vehicles
  • Learner drivers

Aside from motor vehicles, there are many other types of users of the highway, including:

  1. motorcyclists

  2. cyclists

  3. emergency vehicles

  4. learner drivers

Each user of the highway is under a duty to take such care as is reasonable in the circumstances to ensure they do not injure their neighbour. Consideration of the leading cases for each category of road user, together with the Highway Code rules, provide practitioners with the approach taken by courts when assessing the relative culpability of the parties involved in road traffic accidents.

Motorcyclists

Motorcycles can accelerate much faster than cars and they require a greater stopping distance. The combination of these two factors accounts for the prevalence of accidents involving motorcyclists. The most common reasons for motorcycle accidents to occur are:

  1. speed

  2. failing to keep a proper look out

The Highway Code specifically requires car drivers to keep a look out for motorcycles and bicycles because they are often difficult to see.

Rule 211 of the Highway Code warns that it is often difficult to see motorcyclists and cyclists when they are:

  1. approaching from behind

  2. exiting from a junction or roundabout

  3. overtaking

  4. filtering through traffic

As a general rule, liability will attach to a driver who is emerging from a side road on to a major road. However, if a motorcyclist was speeding or overtaking stationary traffic on the major