Kyriacou v Finch (2021)

A motorcyclist was riding his scooter at over 50mph down a single carriageway. He overtook a van whilst approaching a junction. At the junction, a car travelling in the opposite direction turned right across his path.

The motorcyclist collided with the car which resulted in injury.

The motorcyclist raised an action against the driver who had pulled out across his path.

During the Civil trial, it was heard that the driver had cut the corner before colliding with the motorcyclist.

A joint expert report concluded that the motorcycle had been travelling at around 55mph at the time of the collision. Further, the rider had not been in possession of a licence to ride the scooter.

The Judge found both parties to be at fault; the motorcyclist to be negligent in speeding and the driver to be negligent in failing to give way and for cutting the corner.

In apportioning blame, the Judge found the motorcyclist to be more at fault. He had been riding at twice the speed limit and had been riding dangerously in overtaking the van.

Attempting an overtaking manoeuvre in close proximity to a junction was also found to have compounded the danger of causing an collision.

MOTORCYCLIST 80% TO BLAME                             DRIVER 20% TO BLAME

Due to his excessive speed, the motorcyclist only recovered 20% of the damages he was entitled to.

The Judge determined that speed had been the most significant factor in the collision, but not the only factor, as the driver should have seen the motorcyclist.