Oh deer

Oh deer

I traded in my old bike for a second-hand BMW R1200RT. Since the start of the spring I have put about 5000 miles on it. All was well until I had to yank on the anchors last week as I thought I saw a deer.

Unfortunately the front end tucked under me and I clattered off. I was okay but my wife riding as pillion broke her arm. I have never fallen off before and have my RoSPA Gold award.

I honestly do not think there was anything I could have done to avoid the situation and wonder if there was something wrong with the bike i.e. the suspension wasn’t set up properly. Is there anyone my wife can claim against for her injuries i.e. the dealer who sold us the bike?

Answer

Ockham’s razor. A Latin phrase that basically means the best explanation is the simplest. While it may be a bitter pill to swallow, I would suggest the reason you fell off is because you suddenly yanked on “the anchors” because you thought you saw a deer.

Just because you have never fallen off before and have the RoSPA Gold award does not mean the dealer must be blame. We are all human and we all make mistakes. Don’t let your ego or guilt get in the way of the obvious.

In answer to your question, your wife can bring a claim against you (and your insurer will pay out) for her injuries as she has done nothing wrong. I wish her a speedy recovery.

Andrew ‘Chef’ Prendergast

Motorcycle Monthly November 2018

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.

Comments

  1. Vince SciclunaApril 13, 2019

    Andrew that was the best reply ever I laughed my socks off. RoSPA gold award indeed I will have to get myself one of those if it means I can never be at fault if I fall off my bike.
    I cant believe he actually was looking for someone else to blame.

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Posted by Andrew Prendergast. Last modified: October 22, 2018 at 1:10 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.

About Motorcycle Monthly

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The MCM 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 all the 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.

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