This is without a doubt one of the most problematic areas of motorcycle litigation.
It is almost inevitable that speed is alleged in the majority of motorcycle accidents, whether this is from direct observation or just on the basis that “the motorcycle must have been speeding because I did not see it.”
The law in this field is of limited assistance. For speed to be relevant it must have made a material difference to the accident circumstances. Put bluntly, if someone pulls out three feet in front of you then you are having an accident. When they are 30 feet ahead then how fast you were travelling may be relevant.
Often there is little evidence of speed, although it may be possible for calculations to be performed based on physical evidence at an accident scene. At the same time the speed needs to be taken in context. If you are on a bend then you may be faced with a choice of braking and heading into the opposite carriageway or just throttling back. Subsequent events may therefore have to be put in context, which can be very hard to do if your solicitor has never ridden a motorcycle.
