Motorcyclists Overtaking Traffic

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The motorcyclist suffered serious injuries but was held two thirds to blame for the accident due to his own negligence.

The driver appealed this decision saying that he had slowed down and looked in his mirror and saw nothing but a larger vehicle behind him and could have done nothing more to avoid the collision and should not be held to blame for the accident in any way.

On appeal the Judge stated that when driving along such a road, there was a need to be particularly aware of the presence of motorcycles and that they might overtake lines of cars. Although the driver initially acted with considerable care, he could not see what might be coming up on his offside because the size of the vehicle behind the driver's car meant he did not have a clear view.The Judge stated the driver should have inched out to make sure nothing was coming up on the off side and because he did not take such a step his appeal was unsuccessful.  However, the Judge held that the proper apportionment of blame should have been 80% for the motorcyclist and 20% for the driver.

Julie Donovan

Senior Solicitor - Personal Injury Team 

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