Wheel of terror

Wheel of terror

I took my Bandit 1200 to have a new tyre fitted. I rode it for about 2500 miles through the summer.

Anyway, about a month ago, I had to brake suddenly as I thought a kid was going to run out in front of me. As a result of this my front wheel locked up and I fell off. I need to stress I have not fallen off since the 1980s and I have done the IAM.

Having looked at the bike I do not think the front wheel had been put back on properly when the tyre was replaced. I now want to sue the tyre fitter for causing me to fall off. I think I have a good case as I can show I haven’t fallen off for years and I am an advanced rider. What do you think?

Answer

Firstly, having not fallen off for years and being an advanced rider is not proof that someone else is to blame for this accident. As you will appreciate, we can and all do make mistakes. Is this simply an error on you part and your ego is getting in the way? Just a thought.

Moving on from this, you need to appreciate that to win a civil claim in England and Wales you have to prove on the balance of probabilities that someone has been negligent; and because of that negligence you have suffered a loss.

With this in mind, to prove the tyre fitter was at fault you would have to pay to obtain an expert engineer report to see if the wheel was fitted incorrectly and this in turn caused you to fall off. This report along with specific legal advice is likely to cost you several thousands.

I would think carefully before spending your hard earned cash. I say this as I have serious concerns you may not be able to prove your claim, especially as you had ridden 2500 miles after the tyre was fitted and have not explained what was actually wrong with the wheel.

Andrew Prendergast

Motorcycle Monthly January 2018

Posted by Andrew Prendergast. Posted on: March 29, 2018 at 12:00 am

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

  1. john faulknerMarch 31, 2018

    As usual Andrew has eloquently summed up the pros and cons and concluded that it would be improbable to achieve success in this case. It really provides valuable insight to all of us, many thanks.

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