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Speed
Dale McFarlane v Barry Thain and James Campbell (2007) McFarlane was a pillion passenger on a speeding motorcycle involved in a collision with an elderly car driver who emerged from a junction. The motorcyclist, although speeding, had right-of-way. The pillion passenger had not fastened the strap on his helmet. The primary cause of the accident was the speed of the motorcyclist. (subject to appeal) Motorcyclist – 100% Askey v Wood (2005) A motorcyclist was involved in a collision with a car on a country road. The accident occurred on a 90 degree blind bend. The car was on the wrong side of the road but the motorcyclist approached the bend at excessive speed denying him the opportunity to control his machine and take evasive action. Car Driver – 50% Motorcyclist – 50% John Moiser v Thomas Simpson (2001) Car driver was executing a 3 point turn. A speeding motorcyclist came around the bend and was faced with the car blocking his side of the carriageway. Driver – 60% Motorcyclist – 40% |
