I was riding with a group of friends in the Peak District when due to road circumstances and a couple of lost overtaking spots, I got split up from my riding friends.
I rode a bit faster than I normally would to catch up with them when I came to a sharp bend on a B-road. There were no chevrons, slow markings or warnings. I did not make the corner and got bundled along a dry stone wall. As a result of that I was seriously injured. I have tried to get the help of Solicitors but no one wants to take on the case and no-one would tell me why. Can you?
I can, very easily. Your issue is that the sharp deviation surprised you and had you been warned you would no doubt say you would have moderated your riding style. Even if that were something you could prove, it still does not help you.
The Highways Authority owes no duty to warn you as to the layout of the road. They have the power to put up warning signs, but no duty. You have a duty to ride with reasonable care, skill and observation, so you have no legal case against anyone.
Most of us have overcooked corners, taken the wrong line or been fooled by a disappearing apex so I am not without sympathy, but I cannot offer you any legal remedy.
Posted by Andrew Dalton. Last modified: March 26, 2018 at 11:22 am
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.