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Motorcycle Accidents FAQs – Osborne Morris & Morgan (ommlaw.co.uk) Ever wondered how you would stand legally if you had an accident as a motorcyclist? Below are some examples of cases decided by the courts. Liability Powell v Moody 1966 –filtering In this case, the claimant was riding his motorcycle on a busy London road and approached two lines of stationary traffic, which was held up at an upcoming junction. He decided to jump the queue by filtering past on the offside, when he collided with a vehicle turning right out of a side road through the line of traffic. The defendant had edged forward before attempting to turn right. He advised the court that he was beckoned out by a signal from the driver of a milk tanker who had left the gap in the queue of traffic. The judge stated that any road user who jumps a queue of stationary vehicles by filtering on the offside was “undertaking an operation fraught with hazard.” The judge noted that such an operation had to be carried out with great care, because it was always difficult to see “from the offside of a queue of stationary vehicles, gaps in the queue on its nearside from which traffic might emerge.” The judge ultimately decided that both the claimant and defendant were negligent for failing to anticipate the actions of other drivers. The judge decided that the accident was 80% the fault of the claimant motorcyclist and 20% the fault of the defendant car driver. Pell v Moseley 2003 – Overtaking The claimant motorcyclist was travelling on a single-lane carriageway in Nottinghamshire with a 60mph speed limit. The claimant approached a stationary line of traffic and decided to overtake. From the line of traffic, the defendant intended to turn right into a field that was holding a motocross event. As she turned, a collision occurred with the claimant motorcyclist. At first instance, the judge found in favour of the claimant. However, the defendant appealed the decision. At appeal, both parties were found equally to blame on the basis that the defendant did not indicate or notice the presence of the claimant’s motorcycle before attempting her turn. The claimant was found negligent, in that he failed to notice the defendant’s vehicle would have needed to slow down before turning right, a fact that should have been apparent, despite her failure to indicate. Further, as the claimant was aware of the motocross event, he should have considered the possibility that the defendant would have turned into the field and should not have attempted to overtake when he did. Mitrasinovic v Stroud 2020 This was a situation where there was a lack of objective evidence in support of liability. The only two witnesses were the two drivers. The claimant motorcyclist was on a single carriageway and was navigating a sharp left hand bend, positioned towards the centre of the road, when he collided with the defendant who was driving a car in the opposite direction. The motorcyclist’s statement was dated 2 years after the accident and it had a lot of detail. At trial the motorcyclist described the accident as happening in “a split second”. The judge stated, on consideration of the motorcyclist’s evidence, that ‘in a case such as this where the events unfolded within a very short period of time the more actions that took place within the narrow timeframe the less likely it is that it occurred’. The Defendant’s statement was provided within 5 months of the accident. The defendant’s account was favoured and the motorcyclist lost the case. DAMAGES W v SC & Liverpool General Insurance Company Ltd 2022 A 35-year old male motorcyclist was driving home from work. On the approach to a junction a vehicle emerged and drove across his path causing a collision. The motorcyclist sustained complex facial fractures, a complex knee injury involving an open comminated patella fracture and a brain injury. The facial injuries resulted in permanent sensory loss in the face with areas of numbness, tingling and pain. Surgery was required for the knee injury and the Claimant was advised he would also require a future knee replacement. The brain injury left the claimant with significant problems with speech, mood, anger, and anxiety. He had a severely reduced attention span and a risk of epilepsy. The claimant was a prop engineer in the film industry. The claimant received £110,000 in damages for his injuries and the impact on his life and over £1million in his past and future financial losses. MW v JT 2021 A 25 year old male motorcyclist received £110,000 for injuries to his head (including a fractured skull), a fracture to his left shoulder blade, ribs and an internal injury requiring the removal of his spleen. He also sustained some psychological injuries for a period of 19 months including depression, anxiety and an adjustment disorder. The male carpenter sustained these injuries as a result of the Defendant pulling out of a junction into his path. If you have been injured whilst riding a motorbike and would like advice from our friendly team, please give us a call on 01525 378177 or email us on [email protected]. https://www.ommlaw.co.uk/personal-injury/motorcycle-accidents-faqs/ Article supplied by OMMlaw. The post MOTORCYCLE CASE LAW by Osborne Morris & Morgan Solicitors appeared first on BikerKaz. View the full article

Meeting point before heading off What an adventure!! What started with six people and six bikes, ended with six people, seven bikes and a van! We had booked a house in the Brecon Beacons for a week. I have been to mid and north wales many times but somehow have never ventured south so I was looking forward to exploring somewhere new. Day 1 The weather forecast for our journey was good, fingers were crossed it stayed that way! We met at 9 o’clock in the morning at the fuel station, grabbed a coffee, fueled up and set off. Our accommodation was in Bethlehem, Llandeilo which is not far from Llandovery, 220 miles away. The Old Prison Cafe, Northleach We had planned two planned stops – The Old Prison in Northleach which was 64 miles away (2 hours) and then The Baffle Haus, Near Pontypool, 75 miles (1 ½ hours). From there it was 55 miles to Bethlehem (1 ½ hours). The journey to The Old Prison was good and the breakfast was delicious and just what we needed, food and coffee. Likewise, we had a good run to The Baffle Haus too although we mis-timed it for a busy period as we couldn’t get into the car park to start with and had to queue outside before spaces became available. Baffle Haus, Pontypool Definitely worth the queue. I have not been here before but saw a couple of familiar faces and met some new ones. A great place and one which I need to venture back to. We set off for the last leg of our journey. We knew that our accommodation was pretty much in the middle of nowhere so we planned to stop at the nearest supermarket on the way to stock up on basic essentials and something for dinner. Onto our accommodation. It was a beautiful house and, the description was bang on, other than a couple of other houses nearby, it was pretty remote. We knew the security of the bikes was not going to be an issue, perfect. We lit the fire, got out the beer and settled in for the evening. Day 2 The forecast for the afternoon was heavy rain and strong winds, so we headed out on the bikes in the morning to make the most of the dry roads. The Owls Nest Diner We were not far from the Owl’s Nest diner so headed there for breakfast. I have not been here before so I was pleased to be able to check it out. The guys here are very friendly and the food was delicious. As it was a Sunday morning, there were a fair few other bikers too so it was great to chat and look at bikes too. Another great place that I need to venture back to. We headed off for a ride, stopping to grab something for dinner later as the prospect of heading out in the rain did not hold much appeal. We took the opportunity to explore the area on foot in the afternoon and although we didn’t dodge the rain, it was good to get out and explore. We lit the fire again and settled in for the evening with beer and food. Day 3 The forecast today was okay for the morning, rain by mid afternoon. This was very clearly wrong! The plan was to ride the black mountain pass, aka the ‘Top Gear’ road and head to Brecon. We set off in the morning and within ten minutes of riding it started raining. There was a lot of debris in the road from the heavy winds yesterday and the roads were still damp. On the way to the pass, there was a sign saying the road was closed so the sat nav took us on a diversion. Oh wow, this was a buttock clenching diversion, the road was very narrow! Put it this way, even on the bikes we were being hit by branches. There was grass down the middle of a very slimy road and this wasn’t even the buttock clenching bit! This part came when you had to do a 90 left on a slimy, slippery bend going downhill. Phew! Made it to the end of this road, turned left only to be met by a policeman and a cordon blocking this road and what looked to be a telegraph pole down in the road. OMG I really didn’t want to go back the way we came! Luckily we were able to turn around and stay on this road to take us back to the first road closed sign. Coffee was definitely in need by this time so we headed to Llandovery and came upon the West End Cafe, which turned out to be a biker haunt too, excellent. We had a coffee, some breakfast and re-set the sat nav! We headed off again but the route we picked turned out not to be what we thought it would be. It was still raining, the traffic was heavy and then Graham’s bike broke down. Standing at the side of the road in the rain trying to fix the bike was not working. In the end the bike was parked down a side street and Graham had a pillion ride to a cafe and then I had a pillion ride back to our digs and Graham rode my bike. On the way back to the digs we encountered a herd of cows crossing the road then a lorry reversing down a lane as we were going up followed by a van doing a three point turn. An interesting day of riding to say the least. We were glad to get back! Day 4 As Graham could not get his bike going, he decided to catch a train home, collect his van and another bike and drive back, he would be gone for the day. Tim Shaw & Fuzz Townsend hooning in a beach buggy The rest of us headed to Pendine. We parked up by the sea front and noticed a beach buggy hooning on the beach so of course a closer look was needed. There were many vehicles on the causeway too and it turned out that Tim Shaw and Fuzz Townsend were filming for their new series of Car SOS and had the pleasure of driving up and down the beach in a borrowed buggy. Looked like great fun. We headed to the Land Speed Museum which tells the iconic story of Pendine Sands and the renowned sporting records set on the beach. Between 1924 and 1927 Pendine was used for World Land Speed Record attempts. The sands were seven miles long, hard and flat and able to support large vehicles. ‘Babs’ at the Land Speed Museum at Pendine Malcolm Campbell was the first to try a record attempt at Pendine and in 1924 he succeeded in his Sunbeam Bluebird returning again the following year and breaking his record. In the same year, J G Parry Thomas came with his car, Babs, which had a 27 litre Liberty airplane engine under the bonnet, but it was not until he returned the following year that he was able to take the record. Campbell re-took the record in February 1927 and then Thomas returned in the March in Babs. Unfortunately, Thomas crashed and died trying to get the record back. Babs was buried on the beach where it crashed and this ended World Land Speed Record attempts at Pendine. Some years later Babs was recovered from the Beach and restored and can be seen on display in the museum. Parked up along the ‘Top Gear’ road The sands did, and still do, attract other land speed record attempts including Guy Martin and Idris Elba but I will let you visit the museum to find these out for yourself. A really interesting place indeed. We came back via the ‘Top Gear’ road. What a road! There are 40 mph average speed cameras along this road but the views and the road itself is amazing. You cannot help but stop along the way just to take in the views. Stunning. Graham had made it back with another bike, our group was all back together again. Day 5 What a day! We took a ride to Elan Valley. For some reason my sat nav took us on a winding and wonderful back road lane to the visitor centre, I have not been that way before, but it was certainly interesting! The guys trying to fix the puncture! After a coffee we headed off for the first dam and parked up. John then noticed that his rear tyre was pretty much flat. The bike was backed up into a puddle, air put in (we had puncture repair kits and mini tyre compressors with us) and the hole was found, plugged and pumped up. By the time we got to the next dam, the tyre was nearly flat again, more air was added. John noticed another nail in his tyre at this point but the nail seemed to be staying in place so it was decided not to remove this. We carried on but had to keep stopping to re-plug the hole and add more air. The repairs did not seem to be working, we have not experienced that before, normally a plug will hold until we can get the tyre checked out. We were trying to find a tyre repair shop. After one stop to add more air to John’s tyre, Giles noticed a nail in his rear tyre too, he had lost some air but the nail seemed to be staying in place so it was decided to leave it there and continue on our way. We stopped for fuel and next door was a tyre place. This was like an oasis in the desert! The guys there were amazing. On inspecting John’s tyre, it was discovered that the ‘hole’ we had attempted to repair turned out to be a one inch gash. No wonder the plug wasn’t holding. A new tyre was ordered, arriving the next day. Elan Valley Giles’ tyre could not be repaired and a new tyre was ordered, again arriving next day but he was still able to ride the bike. John rode my bike back and I went pillion! We got back to our digs, showered and then headed to the pub for dinner. It had been a long and stressful day. Day 6 Graham & Giles’ bikes waiting for their new tyres! Graham woke up to a flat tyre with a nail being the culprit. Off came the tyre and into the van along with Giles tyre. Graham, John and Giles headed off for the tyre place. David left today as he had to get home. That left Jeff and myself. The sun was shining so we were not going to waste it, we got on the bikes and set off for the ‘Top Gear’ road. This road is so much fun to ride and we stopped several times along the way. Having got to the end, we turned around and rode it again. A selfie stop along the ‘Top Gear’ road We then headed to the Owls Nest for lunch. There were a fair few other bikers there too which was great. When the guys were back from sorting the tyres, we met back up. Graham had missed out on the ‘Top Gear’ road previously so back we went and rode this again, went back to our digs, showered, changed and headed to the pub. Day 7 We decided to take a ride to Aberaeron and what a great choice this was. Really lovely place where we found a lovely little cafe for a late breakfast. The road to Aberaeron via Lampeter was so much fun, we decided that we needed to ride it back too We met a couple of bikers on the seafront and chatted for a while. One of the amazing things I love about biking is that you can rock up anywhere, bump into other bikers and have a great conversation. I have met some amazing people along the way in my biking journey, the biking family is the best. Day 8 That’s it, this is the end of our Welsh adventure, we were riding home today. Because Graham was in his van, he and his bikes set off early, whilst the rest of us set off later and had a good journey home. Well, Wales certainly held some adventures for us but they were all part of the holiday and certainly gives us a lot to chat about in the pub! We saw some beautiful scenery, rode on some fantastic roads and met some really lovely people along the way. I count myself very lucky to be able to have some truly great mates to go away with and share my riding experiences and I absolutely cannot wait for our next adventure. Planning our next adventure has already started ….. BK The post Our Welsh Adventure 2024 appeared first on BikerKaz. View the full article

KTM is focusing on the wrong market. View the full article

This thing’s probably smarter than you. View the full article

It's one heck of a deal if you're the adventure-seeking sort.View the full article

It’s decked out to go the distance and conquer pretty much anything in its path. View the full article

Maybe the company should build it? View the full article

The Tor Armoured Shirt comes with a waterproof Shell, is lightweight and super stretchy making this a comfortable Class AA approved armoured shirt, perfect for wearing all day on the bike. The Tor has an array of pockets too which, for me, is a huge plus point and can be worn on its own or as a protective base layer, making it a great all year round jacket. Specs Manufacturer: Knox Price: (When Tested) £399 Made In: China Colour: Grey Sizes: XS, S, M, L, XL, 2XL, 3XL Review Period: August – October 2024 Knox Tor Armoured Shirt Features Level 2 Knox Micro-Lock Compact shoulder, elbow and back armour The Tor comes fitted with level 2 Knox Micro-Lock Compact Armour in the elbows, shoulders and a full size back protector. The Micro-Lock uses SMART technology and properties which keeps the armour soft to touch but locks on impact. On impact, the locking action increases the amount of impact absorbed by the back protector thus reducing the energy passed through to the back and/or limbs. There is a velcro chest protector attachment which gives you the option of adding a chest protector if you wish. Three of the four internal pockets The Tor is made from a lightweight high tenacity fabric with two-tone in-motion mesh for airflow which is cut, tear and abrasion resistant with seams that contour to your body making it super comfortable to wear and stylish too. The Tor has all over breathability allowing this to be worn as a standalone armoured shirt or you can layer up or down, depending on the temperature. The visor wipe in the chest pocket There are four external zip pockets – one large pocket at the bottom of the back, two on the lower front pockets and one on the left side of the chest which also houses an internal cloth visor wipe. Front of the jacket showing the external pockets There are two external velcro pockets which are a great size. Normally I am not a fan of velcro pockets as I am dubious about how secure the closure is but I am impressed with the strength of the velcro on the Tor, and quite happily put my phone in one of the pockets without worrying that it is going to fall out. Adjustable rivet cuff There are four internal pockets but these do not have zips or velcro. I do like the security belt loops of which there are two on each side so you can choose which height to have the belt going through. The reflective zip pulls and reflective piping are designed to offer the rider better visibility at night. I really like the adjustable rivet cuff which allows you to adjust the cuffs to suit you, giving you that perfect fit. Knox Tor Shell Jacket The Shell waterproof jacket I have to say I think this Shell is a brilliant feature and comes with the Tor Armoured Shirt. The Shell is fully waterproof, with a 10K rating, is ultra thin and lightweight and packs away into itself with a micro pocket on the inside of the jacket. When packed away, I found it fitted into one of the front velcro pockets perfectly. The Shell packs away into itself The Shell has a drawstring collar, elasticated cuffs and a bound elastic hem and is fully seam sealed to keep the rain out. There is a reflective mountain print all over the Shell too to make you more visible. The Shell is a pull over design with the drawstring to your desired length. No zips or velcro to worry about. Knox Union Quilt (optional extra) The Union Quilt jacket For me, this is a must have item to go with the Tor shirt. I do feel the cold so I found this invaluable on cooler days or coming home from bike night. The Quilt can be worn over or under the Tor and it really does make a difference when riding in the cooler weather. Knox Union Quilt The Union Quilt is made from high quality down-proof fabric on the outer and an internal lining of Thermolite Plus insulation with soft elastic cuffs, reflective zip pulls and soft silicone Knox branding. The Union Quilt also doubles up as a smart standalone jacket when not on the bike. Knox Tor Armoured Shirt Construction Main Body A combination of materials make up the outer shell with mesh areas and stretch panels making the shirt lightweight and comfortable to wear. The Tor moulds to your body shape and the stretch allows added comfort especially when riding. The material breakdown is as follows: Main Body: Material and Care instructions 95% Nylon; 5% Spandex 100% Polyester 90% Nylon; 10% Spandex Lining: 88% Polyester; 12% Spandex 92% Nylon; 8% Spandex 88% Polyester; 12% Spandex 98% Cotton; 2% Spandex Care Instructions Very important for me is being able to wash the jacket. I ride all year round and find, especially in the winter months, that jackets get grubby. Simply remove the armour from the Tor jacket and pop into the washing machine on a delicate cycle. I then just hang the jacket on the back of a chair to dry or hang on the washing line. The label says do not tumble dry. The label also says ‘low iron’ but first I would have to purchase an iron to do that It’s nice to be able to freshen up the jacket especially if you have been riding in hot weather for a few days! Sizing The shirt comes in a good range of sizes; XS, S, M, L, XL, 2XL and 3XL. The sizing chart on the website is a good way to determine sizing: Knox Tor Sizing Personally I think the Tor jacket is fairly true to size but went up a size when ordering as I like to be able to wear a thermal layer or two in the colder weather or a heated vest underneath as I do feel the cold. Wearing the Union Quilt though does make a huge difference and I would say you need this. The Union Quilt also doubles as a smart standalone jacket when not on the bike too, perfect for when touring as you have one less thing to pack in your luggage. Conclusion I have been wearing Knox mesh jackets for a few years now but I absolutely love this jacket. The Tor is probably the most comfortable protective jacket I have worn. The combination of stretch material and mesh fabrics not only allow for great flexibility when riding but also gives you great air flow in warm weather allowing you to keep your cool. The ability to layer up and down means you can wear the Tor jacket all year round and then simply add layers, or not, as the seasons change. I honestly forget after a while that I am actually wearing an armoured shirt. The Tor is lightweight even with the armour in, so when parked up and walking around I do not feel the need to take my jacket off because of its weight like I would with, say, a leather jacket which is bulky in comparison. I recently went on a biking holiday to the Brecon Beacons (in October) and found that wearing a thermal layer, a t-shirt and the Union Quilt underneath the Tor was perfect. The array of pockets is brilliant, especially the zipped ones for important items like passport, driving licence etc (for when touring abroad) are really useful. You can fit the Shell jacket in one of the front velcro pockets so if you get caught in the rain, the Shell is easy to locate and pull on. Although the Tor is a considered purchase, it really is a staple addition to your motorcycling wardrobe as it can be worn all year round. Simply layer up or down as the seasons change. BK The post Knox Tor Ladies Armoured Shirt Review appeared first on BikerKaz. View the full article

As expected, Kawasaki’s giving its flagship Ninja the 1100 treatment. View the full article

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