Break the ice

Break the ice

Sky, road, sky, road, sky, road… hedge. That was my view after I hit ice and clattered off my CG125. This trashed the bike and broke my arm. Now imagine an upturned tortoise laying on his shell with his legs moving, trying to right himself. That’s how I looked as I am a portly middle aged man who was wearing a rucksack at the time of the accident.

Now you have stopped laughing (I accept it would have been a YouTube hit) do I have a claim? The ice I hit was because water had come from a car wash and then frozen on the road. Can you sue someone due to the weather?

Answer

As a rotund middle age man myself, you have my absolute sympathy (honest). No doubt the first thing you tried to do was get up before anyone saw you. That’s what I did after I once rode into the back of a stationary bus on my C90 in my younger days!

Anyway, after you’ve stopped laughing at me you do have a claim as it was a “foreseeable risk” that water from a car wash could freeze on the road and cause an accident. You can claim against the owner of the car wash for your personal injury and losses. Evidence will be essential in this case so make sure you have photographs/video etc. of the offending car wash leaking water.

Andrew ‘Chef’ Prendergast

Motorcycle Monthly March 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.

Comments

Leave a Reply

Your email address will not be published. Required fields are marked *

Related Posts: