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Leading & Following Motorcyclists
Dorning v Personal Representative of Paul Rigby (2007) TTwo motorcyclists were travelling one behind the other. The first motorcyclist failed to take a left-hand bend and collided with an oncoming car sustaining fatal injuries. The first motorcyclist was found to be negligent. The second motorcyclist was travelling close behind the first and reacted to the collision in front of him. As a result, he slid across the road. It was held that if the second motorcyclist had allowed a few more yards space, he may have had time to react to the emergency situation and avoid the necessity of an instinctive reaction of slamming on his brakes and losing control. The first motorcyclist was found at fault for the accident but the second motorcyclist’s award was reduced by 20% as he was travelling so close as to the first motorcyclist to be found partly to blame. Sharp v Avery & Kerwood (1938) Two motorcyclists agreed between them that as one knew the road he would “lead”. The other followed at a distance of approximately 8 yards. The lead motorcyclist mistook the road and ended up on waste ground. The second bike followed colliding with the first. It was held that the first motorcyclist was negligent and there was a duty on him not to mislead the following rider. Verdict upheld |
If you wish to make a motorcycle accident claim in Scotland, call the Digby Brown Motorcycle Law Department on 0845 273 2323 or complete an Enquiry Form .
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Lee Hopkinson “The legal team referred to me by Legal Expenses did not appear to be doing anything about it. They did not contact any of the witnesses involved and I did not have any confidence in them that I was going to get any outcome apart from a negative one. Then I contacted Digby Brown.” read more... |
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