I was riding my Blade out on a warm summers evening when I came round what was a blind bend at a fairly decent speed, nothing too fast and I was well under control, when my bike shot out from underneath me. I had no real idea what had happened until I stopped rolling, touched my leathers and I was covered from shoulder to hip in cow shit.
There was a decent pile of cow shit in the middle of the highway, probably about 2 inches deep in its thickest, but it was not in an area were it has been trodden in, so I can only assume that a farmer driving a tractor driving a trailer load of cow shit dropped cow shit all over the highway. I did myself some quite serious hip injuries, and as a serving soldier this may have an effect on my ability to carry on my role as an infantryman.
I have spoken to a few Solicitors and they all tell me that there is nothing that can be done, are they right?
Probably not. I think you can do something about this. If the road in question is one where cattle are not regularly driven over there are only a limited amount of ways by which cow shit can come onto the highway. It has either been dropped there by an individual, and it is pretty unlikely that somebody has taken the trouble to carry it out by hand and drop it in the middle of the highway, or what is much more likely is that it has been dropped by a road going vehicle which means that the Motor Insurers Bureau are obliged to pay for your personal injury arising from this.
If you find yourself in this situation do everything you can to get evidence of the state of the road at the time of the accident. This means taking photographs and making sure you have got witness statements who can prove that there was cow shit all over the highway, which caused you to fall off. The MIB will investigate whether or not it is more likely than not that the cow shit came from a road going vehicle.
Expect a fight on your hands, and you will probably need legal help. These cases are far from easy.
Andrew Dalton is a highly experienced trial lawyer who delights in taking on difficult and demanding motorcycle cases. He has a tough and relentless litigation style and is utterly focused on getting the best possible outcomes for his clients.
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