Do you know your rights as a pillion passenger?

As a pillion passenger, you have no control over a motorbike and so you will almost certainly be able to bring a claim that has sufficient prospects of success. Most pillion passenger claims occur due to the inadequacy of the motorcyclist.

Motorcyclist Accident Claims

If you have sustained injuries as a pillion passenger you may be entitled to make a motorcyclist accident claim. The following points below must be implemented, failure to adhere could warrant a successful claim.

1. As a pillion passenger, you should have been given an appropriate helmet to wear, one that is approved by the British Standards Authority.
2. The driver should ensure your feet can touch the footrests.
3. The pillion seat must be secured and fit for purpose.
4. A method of communication whilst in transport should be agreed between both you and the driver, this may even be a hand signal.

If you were a first-time pillion passenger the motorcyclist should ensure that you have been explained the potential dangers that may occur when riding as a pillion passenger. The law regarding pillion passengers also states that learner drivers must not carry pillion passengers, however, this is often not taken into account with many accidents occurring as a result of learner drivers having first-time pillion passengers on inadequate seats.

Pillion Passenger Accident Claims

Not all pillion accidents are caused by the driver of the motorcycle, some may be caused by other road users or pedestrians, and some may even be caused due to the road being in bad repair. Should any of these situations apply to you, you may be entitled to compensation for your injuries as well as any financial losses.

Financial losses can include, damaged clothing and personal effects such as mobile phones, your helmet and other equipment. Loss of income as result for having time off work, costs of medication or treatment that you may require, care received from friends and family, even if you did not pay for it (gratuitous care), travel costs to medical examinations and many other heads of losses.

Start your Personal Injury Claim today!

If you feel you have sustained injuries as a result of riding as a pillion passenger through no fault of your own, then please contact an experienced member from our personal injury team today on 0191 2503200.

Should we be able to take your case on you would be pleased to know that this would be on a No Win, No Fee basis. We are happy to take your enquiry today and review the matter to see whether we believe you have sufficient merits to pursue a claim.

Accidents Involving Off-Road Motorcycles

Off-road motorcycles such as quad bikes are known to be fast and adrenaline-fuelled vehicles. However, these vehicles are known to be extremely dangerous and often fatal if involved in a road traffic accident.

Quad bikes weigh anything up to 500kg (half a ton) and can go at speeds of up to 75mph.

Whilst there are a number of ways in which a quad bike can be involved in an accident. Researchers have shown that the ‘rollover’ aspect is what can make this vehicle deathly. Rollover occurs as a result of the weight of the vehicle and how difficult it is to control. It results in the vehicle rolling over itself and often crushing the driver amongst other individuals who are in its path.

Pursuing a personal injury claim regarding a quad bike is possible, but the method of how this will be pursued will depend on whether the vehicle is insured or uninsured.

Whether the area involving the accident constitutes a road will depend on whether it is any place where members of the public are afforded a right of way on foot, riding or accompanied by livestock.

Insured Quad Bikes

Whilst most makes and models are not found suitable for road use, some are.

To find out whether the vehicle is insured/road safe it must have the following:

1. Be registered with the DVLA;
2. Have front and rear number plates; and
3. Have a valid MOT certificate if more than 3 years old.

Drivers must also be over the age of 17 (or 16 if the vehicle is classed as a moped) and hold a valid driving license.

Insurance can be held through:

1. Employers liability insurers- if the accident occurred at work;
2. Third-party insurers- if the vehicle was privately owned and insured;
3. Public liability insurers- if the vehicle was part of a recreational activity.

Therefore, if you were the driver or a pedestrian involved in the accident, you can possibly pursue a personal injury claim.

Uninsured Quad Bikes

In most instances however, the quad bike will be deemed not fit for road use.

If a vehicle is insured a personal injury claim can still potentially be pursued through the Motor Insurance Bureau.

If you or someone you know has been involved in an accident, please contact us on 0191 250 3200. We can discuss your accident and advise whether you have a potential personal injury claim.

E-bikes & E-scooter Laws: Everything you need to know!

Due to the ongoing Covid-19 pandemic, there has been a new demand for alternative modes of transport as commuters are reluctant to go back to crowded public trains and buses. We have seen an increase in the need for electric bicycles and scooters which have recently been legalised for use on our streets.

There is great uncertainty around the law regulating electric bikes/scooters and this may change in the near future.

What is an e-bike?

Electric bicycles are bicycles with an electric motor which assists the user’s pedal power.

Unlike mopeds and motorcycles, e-bikes do not require third party insurance or a driving licence to ride. They are permitted on roads and cycle lanes as per normal pedal bicycles.

The biggest legal difference between an e-bike and a motorcycle is that an e-bike only offers electrical assistance; a rider still is required to pedal in order for the e-bike to move.

What is a Powered Light Electric Vehicle?

An e-scooter is classed as what the Government refer to as a Powered Light Electric Vehicle (PLEV). This includes other types of transports such as electric scooters, Segways, hoverboards, electric unicycles and electric skateboards.

Personal Injury Concerns:

• They may form a tripping hazard on the pavement as people can leave them wherever it suits them.
• These vehicles can be fast moving and silent which can cause difficulty for partially sighted people.
• There is also concern that due to the many rental scooters, people may use personal scooters without an appropriate licence/insurance. Currently if you rent a scooter, the dental company have the responsibility of ensuring the vehicle is insured and the user has a driving licence.
• E-bikes accelerate much faster than traditional bikes which may mean resulting accidents and injuries are more severe.
• If a claimant is injured by an illegal rider, the defence of illegality may be raised. Fortunately, this defence is difficult to establish.

E-Scooter Pilot

On the 4th of July 2020, the Electric Scooter Trials and Traffic Signs (Coronavirus) Regulations and General Directions 2020, came into force that introduced rental e-scooters. The government has not proposed removal of mandatory third-party insurance nor the requirement of a driving licence.

If the pilot is successful, we might see an expansion of rental schemes across the UK in the short, potentially leading to privately-owned PLEVs on UK roads without the need for a driving licence or third-party insurance. As it stands, if you’re caught using a privately-owned electric scooter on public land, you’re liable to receive a £300 fine, 6 points on your license and the possibility of having your scooter confiscated.

Speak to our Personal Injury Solicitors

At Browell Smith & Co Solicitors, our legal experts have a wealth of experience in handling personal injury cases and are always happy to discuss matters with you. Contact our expert team today to arrange a free initial telephone consultation or alternatively use our Call Back Request or Live Chat function on our website.