Hafezis Comments; It is often the case that motorcyclists filtering in and out of traffic or driving too fast for the road conditions are found to be contributory negligent (i.e. they are partly or wholly responsible for their own injuries due to their own negligence . Thus any award made for the personal injuries suffered is reduced to reflect the amount of contributory negligence.
However, this is not always the case. For example, when despite speed of the motorcyclist there would have been an accident in any event, causing injury to the motorcyclist.
A car driver who pulled out to turn in the path of an oncoming motorcyclist was found to be liable for injuries sustained to the biker as he failed to ensure that the way was clear before turning. Despite the fact that the motorcyclist was travelling too fast, it was established before a court of law that the injured party would not have had time to avoid a road traffic accident if he had been travelling slower, and thus he was not contributorily negligent.