Foggy Copper

Foggy Copper

I was out with four mates riding our bikes and I was number two in the line-up. It was foggy so we weren’t speeding along when some dipstick copper jumped out from behind a parked car in a layby directly into the middle of the road to stop us.

My mate in front slammed on his brakes and managed to swerve and avoid the copper (just) without hitting him. However, I also had to slam on to try and avoid hitting the copper and my mate.

Unfortunately, I locked up the front, fell off and ended up sliding into some poor chap’s parked car. I broke my leg and trashed my bike. My insurer has told me I can’t claim for my injuries as a copper tried to stop us and I should have left enough space to be able to stop safely. What do you think?

Answer

This sounds about as much fun as catching your genitals in a door. Be very careful relying on your insurer for legal advice as they probably aren’t legally qualified. I liken it to asking me for advice on building a wall. I could give advice but I probably shouldn’t.

Prima facie, you as the rider have a duty to leave enough space to be able to stop if an emergency happens. However, from what you have said the copper has jumped out into the road causing the whole situation. Why on earth is he doing this in the fog? Common sense…

Anyway, before I rant, you have to prove on the balance of probabilities the copper has done something wrong and because of that you suffered a loss. Every case turns on its own facts but the first ‘link’ in the ‘chain of causation’ appears to be the copper. Get some proper legal advice and crack on with your claim is my view.

Andrew ‘Chef’ Prendergast

Motorcycle Monthly
www.morebikes.co.uk

January 2016

Posted by Andrew Prendergast. Last modified: March 23, 2018 at 4:50 pm

Andrew has been riding motorcycles since he was 10 years old and currently rides a ZZR1400 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.

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