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Speeding motorcyclist, overtaking a van after taking drugs wins 20% liability

The recently reported case of KYRIACOU v FINCH (2021) QBD (Judge Nigel Bird) 29/01/2021, in the Queens Bench Division of the High Court found in favour of a motorcyclist who had been riding his bike at approximately 55 mph. It was dark, his head light was on. As he overtook an Asda van, the defendant, who was travelling in the opposite direction, turned right across his path and collided with him. The motorcyclist suffered serious injuries. A small amount of cannabis was found in his possession and toxicology evidence suggested that he might of been under the influence of drugs. He also wasn't registered to drive the motorcycle.

The experts agreed that his headlights would've been visible to the defendant and if he been driving slower, the accident may not have happened. The driver of the van agreed that he had not seen the motorcyclist. The court found that if he had looked, he would've seen him but he would not of been able to appreciate his speed because the defendant was cutting the corner. As a result, the motorcyclist was able to establish some liability but he was found to have contributed to it, to the extent of 80%. He would therefore recover 20% of the value of his claim.

This case is a good example of how the court is prepared to find in favour of a seriously injured claimant, even though, on this occasion, the motorcyclist was travelling too quickly and was likely to have been under the influence of drugs. The reason he succeeded, was because the driver of the car should have been able to see him, had he kept a proper look out and not turned across his path.

If you have suffered a serious injury as a result of the negligence of another Driver, you may be entitled to claim compensation. Please contact one of our specialist solicitors for some no obligation advice. We act on a no-win no fee basis.

For more information contact John Bennett in our Personal Injury department via email or phone on 01254 872111. Alternatively send any question through to Forbes Solicitors via our online Contact Form.

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