Testing times

I am new to biking and was on my way to the test centre for my full bike test. My instructor was in front and I lost sight of him. However, as we were using radios he told me to exit off the roundabout using the second exit and accelerate up the hill.

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

Posted by Andrew Prendergast. Posted on: October 9, 2013 at 12:00 am

Andrew has been riding motorcycles since he was 10 years old and currently rides a GSX1400 as his daily commuter whether it is sunny or snowing. In addition, he is currently restoring an old Honda CB750 K1. Andrew practices across all areas of motorcycle law, with his practice involving both civil claims and motoring defence work.