Four motorcyclists were travelling in a convoy. The lead motorcyclist failed to negotiate a left hand bend and crossed onto the opposite carriageway. He collided with an oncoming BMW and was fatally injured.
The following motorcyclist reacted to the situation in front by braking sharply and as a result he slid across the road avoiding the car but landing in a field sustaining injury. The following motorcyclist sued the lead motorcyclist’s estate.
The lead motorcyclist was at fault but the following motorcyclist was 20% to blame as he was riding too close and was thus affected by the tragedy unfolding before him. Had he allowed a few more yards space, he could have had the time to react to the emergency rather than braking aggressively.
Please have a look at more decisions below. Remember, no two cases are the same: your case is unique, the accident circumstances are unique and each case is fact sensitive.
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Sutherland v Gardiner 1981 SLT 237
Case Law: Motorcycle negotiates a left hand bend to find a car in centre of road, swerves to avoid it and sustains life-changing injuries.
Louise Jane Palmer v. Russell Timms & Others [2024] EWHC 2292
Case Law: A motorcyclist is fatally injured when filtering and the lorry which he is passing closes the gap.
Grace v Tanner (2003)
Grace v Tanner (2003) clarified liability in personal injury claims after road traffic accidents. Learn how it could support your case — contact our legal team today.
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