I read yesterday’s article by Thomas Mitchell and surely sympathise with the campaign to make roads safer for motorcyclists. Certainly he is right in pointing out the poorer accident outcomes for motorcyclists than for other road users.

Regrettably I found several flaws in his analysis of the problems though. I very much doubt that data from Police Scotland at accident sites is flawed or biased. Most police accident investigators I have dealt with are rigorous in their examination of crash sites and the forensic conclusions they draw from looking at the evidence available. Where is the evidence base for his assertion that matters are otherwise?

Mr Mitchell writes that he has analysed his firm’s case files and extrapolated conclusions from same. That is a flawed exercise. His case files presumably come from a cohort of individuals that have been involved in accidents where they believe fault rests with a third party. He will have no or at least very few files for deaths from a single vehicle fatality – e.g. the motorcyclist losing control and no other party or circumstance involved. It follows that his firms files show a high proportion of third-party liability. Rarely do clients come in the door if they think they are at fault in any litigation practise.

All that said I do wish the campaign the very best. Anything that increases safety on the roads is to be welcomed and it does pay to look twice. I promise I will.

On a final note, in case anyone thinks this is anti-biker, I do admire a motorbike. Yes, I am a petrolhead, there I have said it. I have lusted after one in the past but never owned one out of consideration to my late parents as my uncle was involved in a fatal accident. The ambulance driver picking him up was also a close family member and at first failed to recognise him, such were his injuries. My uncle was a passenger on a bike when the driver lost control and hit a tree. Bad enough in a car but coming off a bike and hitting a tree at speed there is little chance. The look on my parents’ face told me “no bikes” without the need to say a word. My wife, an ex-A&E nurse, says biker arrivals on a rainy day are so commonplace and wet weather was often greeted with a “There will be one along in a minute”. So I console myself with a wee two-seater sports car and enjoy sharing the road responsibly with all other road users.

John Taylor
Solicitor & director
Chambers Legal Limited