Driving without due care...

[vrtulka]

About 4 months ago my brother had quite a serious motorbike accident, the accident was his fault as he lost control of the bike and collided head on with another vehicle.He had just left my house and had got 5mins down the road, he wasn't speeding as the tyres were cold.He believes they lost grip as he was taking the bend. He has just received a summons to court for driving without due care and attention. Can you advise on whether he should plead quilty or not, or whether we should speak to a solicitor. Cheers

[PrinceRainie]

what has his insurance company said regarding the claim (assuming he made a claim) did they apportion blame on your brother?
What were the weather conditions at the time of the accident?
I would have thought that if it were wet then he may...just may have a small chance of mitigation...however if it were dry..then i doubt he would have a defence......
Having cold tyres will not wash in court....it may do on the race track........i always set off with cold tyres...and have yet to have an accident because of it!! sorry to sound negative...!

[vrtulka]

the insurance paid out for the bike which was written off and they paid the third party so they must of put the blame on him. Unfortunately for him it was sunny day althought the bend was in shade by the time he was going through but I don't think it would make any difference. The reason why we were asking for advice was because he sustained serious injuries and he is receiving medical treatment abroad. As neither of us has previous experience in this matter we don't really know what would be the best thing to do and what type of punishment he would be looking at.

[Toureman]

It,s irrelavant what the insurance company said, he admits it was his fault.

Not having warm tyres does not make any difference.

I am a biker aswell but he just made the mistake of going into a corner to fast.

Plead guilty and take the punishment, it would be a waste of more money getting legal help.