I followed his instructions but as I accelerated I noticed a dead hedgehog on the road. I only looked down for a moment to avoid the new ‘road rug’ but I lost control and hit a lamppost. I have broken both my wrists and I am a roofer. Who can I sue for my losses? My instructor? He must have public liability insurance. If I can’t work I can’t pay the rent.
Answer
The instructor is not going to be held liable for this accident. While you have suffered serious injuries (and I wish you a speedy recovery) no one else was at fault. As such, if no one else is negligent there is no one to bring a claim against.
Bikes are fun but they hurt when you fall off them. I know, I have fallen off. While it sounds harsh, if it was your fault, tough luck. I liken it to jumping out of a plane with a parachute that you packed wrongly and does not open. It’s not the pilot’s fault who told you it was clear to jump.
In short you have to take responsibility for your own actions. You can’t just sue someone because you have been unlucky.
Andrew ‘Chef’ Prendergast
Motorcycle Monthly September 2013
