Tractor and trailer turned left at this junctionGoad was proceeding along a road on his motorcycle at a speed of between 55 – 65mph which was in excess of the 40mph speed limit. He collided with an oncoming tractor and its attached trailer, which was being driven by Butcher, the defendant. Butcher had just made a right-hand turn into the road in question and in doing so had cut the corner, meaning that his view of oncoming traffic was restricted down from a distance of 130 metres to 110 metres.

At first instance, the Judge concluded that the fact Butcher had cut the corner was not the cause of the accident. What was significant was the fact that Goad had been riding too fast; he was thus entirely to blame for the collision.

Goad appealed this decision. He contended that Butcher had been negligent in starting his turn too early and by acting in contravention of the Highway Code.

For the Court of Appeal, the fundamental question to be addressed was whether a view along the road of 110 metres was sufficient for a reasonably prudent driver of the type of vehicle Butcher was driving. This question was answered in the affirmative. Visibility of 110 metres was sufficient in clear and dry conditions, and Butcher was not negligent in failing to foresee that Goad might be travelling at a speed so far in excess of the limit that he would be unable to control his motorcycle.

The appeal was therefore dismissed and Goad’s speeding was deemed to be the sole cause of the accident.

A full link to the decision can be found here.

Related Articles

Motorcycle Law

Grace v Tanner (2003)

Case Law Motorcycle Law
February 21, 2024

Motorcyclist collides with car at a roundabout where a car fails to take the exit dictated by the lane they were driving in.

Motorcycle Law

Jones v Lawton (2013)

Case Law Motorcycle Law
February 12, 2024

Motorcyclist filtering using opposing carriageway collides with vehicle pulling across his path at a junction. Driver 2/3rd to blame.

Motorcycle Law

Burton v Evitt (2011)

Case Law Motorcycle Law
February 12, 2024

Motorcyclist overtakes a row of stationary traffic and collides with lead vehicle which is turning right. Driver 20% to blame (on appeal).

Is it worth 5 minutes of your time?

A quick phone call allows us to ask you a few questions about what happened to you and determine whether we can help. 

This form collects your name and phone number so that we can contact you. Check out our Privacy Policy for more detail on how we store, process and protect your submitted data. If you choose not to consent, please use an alternative contact method shown on our Contact page.

Get in Touch

Name(Required)