BIKE’S LEGAL EXPERT SAYS
Slippery surfaces are recognised legally as dangerous to motorcyclists. One high Court decision sets out the need for wheel and road cleaning by operators in muddy environments who owe a duty of care to keep the roads mud free.
Mark should bring claims of negligence and the little known public nuisance. The muddy jacket and photos of the bike and scene are good evidence; also proven that, reasonably, Mark should have seen the mud and that, if so, he could have acted differently, damages might be reduced. But with compromised braking and steering, it’s hard to prove, especially against evidence from solicitors expert in motorcycle claims.
Andrew Dalton
Bike Magazine
December 2010
