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Overtaking

Davis v Schrogin (2006)
A motorcyclist was overtaking a queue of stationary traffic (long stretch of road with one lane in each direction).  A car driver in the stationary queue decided to execute a U-turn.  As a result, a collision occurred and the motorcyclist was seriously injured.
 
Driver
100% to blame

Morrison v Gardener (2005)
A police motorcyclist on escort duty (training) was overtaking a line of stationary traffic. There was a danger of cars performing U-turns. This was known to the police motorcyclist. A car in the queue executed a U-turn. A collision occurred.

Driver – 75%   Police Motorcyclist – 25%


Shaw v Russell and Another (2004)
A motorcyclist was carrying a pillion passenger overtaking a line of cars and vans. A minibus driver at the head of the queue turned right across the motorcyclist’s path.

Minibus driver – 95%   Motorcyclist – 5%

Pell v Moseley (2003)
A motorcyclist was overtaking a queue of traffic. There was a moto-cross event taking place in a field to his right. A car driver at the head of the queue indicated right to turn into the event at the very last minute. A collision occurred.

Driver – 50%   Motorcyclist – 50%

Hillman v Tompkins (1995)
A motorcyclist was overtaking a slow moving traffic line on the approach to temporary traffic lights.  A car driver reached a junction to her offside and indicated her intention to turn having failed to see the approaching motorcyclist from her rear.  A collision occurred.  The Judge agreed that motorists should anticipate such actions by motorcyclists.  Equally the motorcyclist was overtaking on the approach to a junction. 

Driver
50%  Motorcyclist 50%

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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Lisa Ross

"What I liked about Digby Brown was that they related to me. I wasn't made to feel like a second-class citizen because I was a biker."
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Patrick Brogan

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Bill Suttie

“Digby Brown handled my case magnificently. Right from the outset, everything was very clear and very precise and I was kept up to date with how matters were proceeding."
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Patrick Brogan

"I only wish Digby Brown had handled my case from the beginning. They are so professional and know the law inside out."
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Hylton Hutchinson

"I didn't realise I had a right to claim for my injuries until I spoke to Digby Brown."
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Gordon Spiers

"It definitely pays to go to a law firm which specialises in motorcycle law and I would have no hesitation in recommending Digby Brown to other motorcyclists in a similar situation. And, should I be unlucky enough for something similar to happen to me again, I’ll go straight to Digby Brown."

Amy Ratter

"What Digby Brown did for me I did not expect in my wildest dreams - I was exonerated and the money was a fantastic bonus."
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