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: Be registered with the DVLA; Have front and rear number plates; and 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: Employers liability insurers- if the accident occurred at work; Third-party insurers- if the vehicle was privately owned and insured; 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.
How can poor road conditions amount to personal injury? Potholes, spillages, uneven road surfaces and poor lighting are some of the factors that can cause drivers to lose control of their vehicle causing accidents. They can also lead pedestrians to sustain painful injuries after they slip, trip or fall. It is therefore important that your local council/ Highway Authority maintains their duty to keep road surfaces, walkways and pavements safe for use. Spillages such as mud, grease or oil can react with the bad weather conditions leaving roads unsafe for users. If you have lost control of your car as result and have consequently suffered personal injury you may have a potential claim. Incidents due to poor road conditions Pothole issues Potholes are another cause of accidents within the United Kingdom whether that be on the road or on walkways. Large potholes on a road can get worse overtime causing road users to lose control of their car. Potholes on the walkways are a huge hazard to pedestrians, the danger being that most times these are not noticed until it is too late as it is easy for them to be covered with leaves and mud. This is why it is important that if such potholes or obstructions exist on the road the local authority makes this known to the public by way of a caution. The defect or obstruction must also be rectified within a timely manner to avoid the chances of an accident occurring. However, this is not always the case and many times the Highway Authority and your local council do not have these measures in place until it is too late. Around 7% of the accidents that occur in the United Kingdom are due to poorly maintained roads. Bad weather conditions Bad weather conditions such as black ice on the roads, or lack of water drainage after heavy rainfall are other examples of where the roads can become dangerous for users if not maintained correctly. More road accidents occur in January than any other month in the United Kingdom due to bad weather conditions. The Highway Authority has a duty to grit roads when they anticipate there will be snowfall or other weather conditions that warrant maintenance such as gritting. Contact our Personal Injury Specialists today! If you or a loved one have suffered injury as a result of poor road conditions, or walkways/ pavements that haven’t been maintained then get in touch today for some free legal advice to see whether you may have a potential claim against the Highway Authority or your local council. You can get in touch with us on 0191 250 3200 for more information.