Ride safe, claim safe: motorcycles in Australia

To any motorcyclist, “sorry mate; I didn’t see you” will be a familiar phrase if they have been injured in an accident caused by someone else. Not only is the phrased used by drivers to defend their actions, but also as a means to deflect some of the blame on to the motorcyclist. But, as any motorcyclist would tell you, it’s rarely a valid excuse. So, what can you do to protect yourself from other road users, and what should you be aware of when making a personal injury claim?

Wear a helmet

A rather obvious point, yes. But one that benefits from elaboration. If you do end up in an accident then a quality, properly fitted helmet will reduce your risk of death by about 40%, and your risk of severe injury by about 70%. Note the emphasis on quality and fitting in that last sentence. Don’t succumb to the temptation of saving some money by buying a second-hand helmet. Always buy your helmet from new, so that you know if it has been dropped or generally mishandled. Your life literally depends on it!

Get used to your motorcycle

Whether you’re a new rider, or a rider getting back into motorcycling after a few decades away, it pays to get used to your motorcycle. Every motorcycle is different. Perhaps you’ve jumped on to a pocket rocket from a 125? Or perhaps you’ve swapped the tourer for a chopper? Whatever it is, you should get comfortable on your motorcycle in low-traffic, quiet roads before you set out on that epic ride on the weekend.

Ride defensively

Unfortunately (depending on your mindset), your need to get into the habit of viewing every other road user as someone that wants to knock you off your bike. Motorcycles are smaller than cars and easily obscured by other road users – rendering you effectively invisible. So, get defensive. Give yourself plenty of room to make turns and change lanes. Keep your distance from vehicles in front and behind you, and always assume that other road users either can’t see you or will misjudge your speed/ability to stop.

Get visible

Given the large number of vehicles on Australia’s roads, motorcycles are not only outnumbered, but more likely to be obscured by other road users. As the statement at the beginning of the article neatly summarises, many accidents are caused by drivers simply not seeing motorcyclists. The solution? Make yourself seen! This can be achieved through intelligent road positioning.

Obey the rules of the road

The very nature of a motorcycle can inspire a bit of law breaking. The rapid acceleration and manoeuvrability of modern motorcycles makes it easy to get carried away and treat the highway like a race way. But if you do end up in an accident, you want to be in the position of being the law-abiding citizen, not the rebel biker. Otherwise you stand the chance of having any potential claim (no matter how justified) thrown out.

Watch their blind spots

They probably wouldn’t admit it, but car drivers have a lot of blind spots, and they don’t always check them. Blind spots are a particular danger when a car is about to turn into a junction or switch lanes. Look ahead and try and anticipate these maneuverers and position yourself accordingly.  Presume you are invisible and act accordingly; it could save your life.

Stay focused

It can be easy to fall into a daydream or admire the amazing outback scenery; particularly on a long journey. But when you’re riding a motorcycle you have to banish such distractions and ensure you’re paying attention at all times. It’s part of what makes motorcycling so fun (and dangerous). A mistake can have major consequences, so make sure you stay focused for the entirety of your journey.

Watch your speed

Excessive speed kills. According to recent data, a common factor in motorcycle accident deaths is excessive speed. 50% of fatal motorcycle crashes and 28% of non-fatal crashes can be attributed to excessive speed. After all, if you’re breaking the speed limit in a major way, no type of safety precaution or equipment will prevent you having a nasty accident.

Stay sober

“Just one more beer”. How many times has the statement been uttered across the land? Whilst it’s tempting to have that extra beer – especially if home is only a few blocks away – just say no. Riding under the influence drastically increases the risk of having an accident. Not only are your sense dulled, but you will be subject to a variety of penalties (depending on which state you are in).

Ride safe, claim safe

Unless you have been catastrophically injured in a crash, in order to make a successful claim you must prove that the driver or owner of a motor vehicle was at fault, whether completely or in part. When determining who was at fault, the court takes into account a number of documents including police reports and witness statements. Before making a statement to the police or an investigator, it is best to consult with a lawyer.

What happens if you have apologised for the accident?

Firstly, let’s take a look at the definition of “apology”. Section 5AF of the Civil Liability Act states that: apology means an expression of sorrow, regret or sympathy by a
person that does not contain an acknowledgment of fault by that
person. Section 5AH provides that: An apology made by or on behalf of a person in connection with
any incident giving rise to a claim for damages —
(a) does not constitute an express or implied admission of
fault or liability by the person in connection with that
incident; and
(b) is not relevant to the determination of fault or liability in
connection with that incident.

Ride safe, claim safe

Whilst the above are just a few tips to be aware of, if you follow them every time you ride then you’ll not only have a safer, more secure riding experience, but you’ll be in the best possible position to make a successful claim should the worst happen. Radek has been a keen motorcyclist for the past 15 years and is well-placed to assist you to maximise your claim. He has helped many injured motorcyclists to obtain the compensation they have deserved.