The collision on the A923 near Kinloch
Mark Sederino was travelling on his motorcycle from Blairgowrie to Dunkeld on the A923. The weather was clear and the road was dry.
Mark was riding West at approximately 40 mph in the middle of his lane when he encountered a right-hand bend in the road approximately 1 mile West of Kinloch.
He moved to the left of the road in anticipation of this bend so that he could increase his sight lines ahead. After committing to this line of travel, Mark realised that the road was coated in a layer of mud. He attempted to lower his speed and maintain control of his motorcycle as he progressed around the bend. However, his front wheel lost traction and unfortunately he left the carriageway.
Injuries, losses, and financial impact
Mark was injured as a result of his accident. He worked as a removals man and required to take unpaid leave on account of his injuries. As a result, he lost out on earnings and his partner also required to care for him during the period he was off work. Further, his motorcycle and motorcycling clothing were damaged. Facing these losses through no fault of his own, Mark got in touch with Motorcycle Law Scotland and we immediately began to work on his case.
The importance of gathering evidence at the scene
In every case for damages, evidence is required to prove the cause of the loss.
Before leaving the scene, Mark and his partner took photographs of the road at the section where he came off. In the photographs taken at the scene, wheel tracks can be seen dragging mud from a field and across the road. The photographs proved vital to securing a just outcome for Mark. A claim was intimated directly to the farmer who owned the field from which the mud was tracked. Photographs were sent across and arguments made which forced his insurers to accept liability.
Holding landowners accountable for mud on roads
This case highlights the duty on those in control of farms and fields in rural areas to ensure that they do not create hazards to road users when carrying out their work. Mud on the road poses a particular risk to two-wheeled road users. This is something that we as a team at Motorcycle Law Scotland all understand. As motorcyclists, we know the risks posed by mud, particularly on bends.
The case also highlights the importance of obtaining evidence as soon as you can. If able, take plenty of photographs and videos. It is also helpful to speak with witnesses and obtain their contact details.
As motorcycling solicitors, our knowledge and experience allows us to fight your corner effectively.
Our Award Winning Team
Brenda Mitchell
Senior Partner
Brenda has been a Personal Injury Lawyer for over 38 years and for the last 20 years has specialised representing injured motorcyclists, cyclists and pedestrians.
Jodi Gordon
Partner
Jodi is a Partner at RTA Law LLP with 14+ years’ experience in catastrophic injury claims for vulnerable road users including cyclists and motorcyclists.
Thomas Mitchell
Partner
Thomas represents clients who have been involved in road traffic incidents and he specialises in representing vulnerable road users such as pedestrians, cyclists and motorcyclists.
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