Louise Jane Palmer v. Russell Timms & Others [2024] EWHC 2292

On the 20th of June 2019, Simon Palmer was riding his motorcycle during rush-hour traffic on Holloway Road in London. Simon was filtering through slow-moving traffic when he came upon a lorry being driven by Russell Timms, which was to Simon’s right-hand side.

As Simon tried to pass the lorry, Russell moved his lorry slightly to the left, which reduced the space for Simon’s motorcycle to pass. There was dispute over the reasoning for Russell moving his lorry to the left, regardless, Simon attempted to squeeze through the narrowing gap. Simon increased his speed to around 25 mph to do so, and while moving through the gap, the top box of his motorcycle hit a camera mounted on the nearside of the lorry. This collision caused Simon to lose control of his motorcycle, leading him to crash onto the pavement. He then struck a metal bollard and tragically died because of the injuries he sustained.

The court found that while Russell had not intentionally tried to block Simon’s path, his decision to move his lorry to the left without properly checking it was clear, was negligent. In continuing to pass the lorry despite the reduced space, Simon was also found to have contributed to the accident, leading to a finding of contributory negligence. As a result, the damages awarded to Simon’s widow, Louise Palmer, were reduced by one-third with Judge Picton concluding that, “The blameworthiness of Mr Timms significantly outweighs that of Mr Palmer…”.

This tragic accident highlights the dangers that those on two wheels face while filtering through traffic and underlines the responsibility for all road users, particularly professional drivers, to be extremely aware of vulnerable road users.

You can find the full case here.