I’ve picked up a new Kawasaki Versys X-300 recently (got a mega dealer discount) after my old AJP bike got nicked.
Jokingly I said to my mate that if anyone tries to nick this bike I’ll take my lid off and beat them to a pulp. He reckons that if I did do that I’d get banged up. What say you?
I say that I detest thieving scum. That’s the first thing. Just this month I’ve had a call from a chap who had a van pull alongside him at a junction, the sliding side door open and three men jumped out and pushed him off his Ducati. That was the last he saw of his bike. I was gutted for him.
From a legal perspective, whether you get banged-up or not would depend as to whether you used ‘reasonable force’. Legally you can use ‘reasonable force’ for the purposes self-defence; defence of another; defence of property; prevention of crime; or for lawful arrest.
So in the example I gave, if the biker had got up and fought the three thieves smacking them with his lid and breaking a few bones to keep his bike, I reckon he would be unlikely to get banged-up.
However, if two of the thieves ran off, but he knocked one out and kept repeatedly beating his head in for a further 15 minutes and killed him, I reckon he would struggle to prove he acted with ‘reasonable force’ in those circumstances.
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.
Disclaimer: The legal advice and statements contained within this/these articles is correct at the time of printing. If you are seeking legal advice after a motorbike accident please contact us to speak directly with one of our lawyers.
About On 2 Wheels
The O2W legal column is compiled by managing partner Andrew ‘Chef’ Prendergast and his bike-riding barristers and solicitors at White Dalton Motorcycle Solicitors.
The firm deals with personal injury claims and its sister company, Motor Defence Solicitors, deals with motoring offences.
White Dalton lawyers have a vast knowledge of bike law - and they have full bike licences, too. They don’t act for insurance companies or the prosecution.
White Dalton is Britain’s premier specialist motorcycle law practice, and if its professionals don’t know the answer to your question, there probably isn’t one. Don’t rely on the advice from your insurance-appointed solicitor – get proper independent advice.