Riding of course has a sense of freedom and adventure. It can be quicker to commute, cheaper and better for the environment. Push bike riders feel the same.
As a rider you know the sense of pride in passing your CBT, moving on to the theory test and getting a license for what engine size you want to take on. The Highway Code demands you wear a helmet. For push-bike cyclists it does not.
Both riders have a legal duty to look all around them. Think “safe”. But what if you are in a collision with a push-bike rider?
You will remember from my article about helmet cameras (Apr 2022) that for any personal injury case to succeed, the person bringing the case (the claimant) must prove that they were owed a duty of care by a defendant (the wrongdoer), that that duty has been broken and has directly led to the injury and financial loss that they wish to claim for. The same rules apply.
As a motorcyclist, you need to be insured to be on the road. A push bike rider does not.
If you are in collision together it is good practice to provide your details to the push bike rider and ensure you get their details too. Take some photos on your phone of the collision scene, your bikes, and any injuries to either of you. Make sure you get your face and the push bikers captured. You will need to prove who has been involved.
Helmet cameras have crucial evidence too. If you can, ask people around you for help. You need this so they can be asked to be a witness if needed. Stick around and if the police have been called, give them as much information as you can whilst it is fresh to mind.
No-one starts the day thinking they will be in a collision. Try and stay calm, polite and on point.
If you need our help or guidance our experienced team will explain how a resulting claim can be made, by whom, what for and steer you through the many resulting consequences that can follow. If you find the push bike cyclist is uninsured, getting some advice from us quickly won’t hurt.
We hope you never need us, but “Just in Case”. Ride safe.
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Caroline Kempster is a Member of the Institute Chartered Legal Executives, Senior Litigator of the Association of Personal Injury Lawyers with over 30 years’ experience in personal injury claims based at Taylor Rose MW Solicitors and has assisted many motorcyclists injured in accidents.
Email: Caroline.Kempster@taylor-rose.co.uk
Tel: 07388 993 005
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