Judge finds motorcyclist at fault for riding on wrong side of the road

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The facts of the case were that the motorcyclist (Mr S) had been injured when he collided with a car driven by the respondent (Mr X).

The issue was whether Mr S or Mr X had been driving on the wrong side of the road at the point of impact.   The accident took place on a sweeping left hand bend. Oral evidence at trial was heard only from Mr S.  Mr X did not attend trial to give evidence as he is 93 years old and not fit to do so.

Mr S said that as he approached the bend he was driving towards the middle of the road to give himself maximum visibility.  He admitted that his right hand may have crossed over the middle line but that the bike remained on the right side.  His evidence was that although he could not say that Mr X 's car did come over the central line the collision had to have been caused by Mr X wandering over the line.There was a statement from a Mr B who did not attend trial. He had been in front of Mr S when the accident happened and said that Mr S was on the wrong side of the road.Although the Judge found that Mr S was an honest witness, his evidence was one of reconstruction rather than recollection.  He therefore found that it was more than likely that the collision was caused by Mr S straying onto the wrong side of the road. This decision was upheld on appeal.

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