Description
A Van Emerging Onto A Main Carriageway Without Seeing Motorcycle 20% Liable For Collision With Motorcyclist That Ensued:-
David Pittaway QC had to determine liability in a claim for damages for personal injury brought by the Claimant motorcyclist. The Claimant had been overtaking a articulated lorry by driving in a hatched area. There was a dispute as to his speed but on his own evidence he had been exceeding the speed limit. The Defendant's van was emerging from a junction onto the carriageway, intending to turn right. In the event, the Claimant's motorcycle collided within the Defendant's van. Mr. Pittaway QC held that the van driver should have waited until he had a clear view of the road to his right before attempting to make his turn. However, the Court found that the Claimant should bear the greater degree of responsibility for the accident in that he had significantly exceeded the speed limit (eye witness evidence as to his speed was accepted) and in overtaking the lorry in an improper manner. Consequently, the Claimant's contributory negligence was assessed at 80%.
