Most bikers think that if their accident was caused by a diesel spill, no one else is to blame and they can’t claim compensation for their injuries. This is wrong.
Bikers injured as a result of losing control on diesel or oil spills are entitled to compensation if it can be shown that the negligence of an untraced road user led to the diesel spill or oil spill being on the road. Frequently, spills are caused as a result of overfilling (necking) a fuel tank or by failing to properly secure the petrol cap.
Diesel spills account for hundreds of motorcycle accidents every year, and are a significant danger. Unfortunately, they are becoming more common in rural areas as commercial vehicles take alternative routes through narrow country lanes to avoid the congestion on main roads and motorways. As the majority of spills tend to be found on sharp bends, this a particular worry in winding country lanes.
Diesel is a particularly dangerous substance as it is difficult to detect on the roads, rather like black ice. Rainfall makes the problem worse as the diesel floats to the surface causing bikers to lose control. Diesel can remain on the road surface for several weeks, often only reappearing following rainfall.
According to the Department of Transport, a motorcyclist is almost twice as likely to be involved in a fatal or serious collision as a result of diesel on the road compared to ice, and almost three times as likely to be involved in a serious or fatal accident as a result of diesel rather than mud on the road.
New Law’s Motorcycle Claims Team can help you get compensation if you are the victim of a diesel spill accident.
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