Court overturns award to biker who lost leg
By: Web Editor
LEADING UK rider groups have written to Justice Minister Kenneth Clarke after a recent Court of Appeal overturned a judgment that had been made in favour of a motorcyclist seriously injured in a collision with a lorry.
Robert Whiteford, 33, from Soham in Cambridgeshire, lost his right leg in the collision near Ely in April 2009 when he collided with the lorry – all parties accepted the lorry was too wide for its side of the road and was over the centre line and he won his case against Lithuanian transport firm, Kubas UAB.
Initially, the County Court awarded damages amounting to hundreds of thousands of pounds, after finding both sides shared responsibility as the lorry had been partly over the white line but the correct line for a motorcycle would have been in the middle of the lane – not to the right where Mr Whiteford was. However, Mr Whiteford’s right to compensation was denied by the Court of Appeal on Wednesday, May 9. Mr Whiteford says he now faces losing his home.
The bend was reportedly narrow and difficult to see round, in which case slowing further or sounding a warning would have reduced the collision risk. Yet in a statement to the appeals court, Jonathan Watt-Pringle QC, acting for the Lithuanian operator, claimed the “only reason” for the collision was the rider was near the road’s centre, rather than as the lower court had found.
Allowing the appeal, Lord Justice Richards said of the lorry driver: “A finding of negligence would, to my mind, be to impose an unacceptably high standard on the driver.”
The BMF (British Motorcyclists Federation) has asked Mr Clarke: “How can it possibly be right a driver licensed to drive the largest and most dangerous vehicles on the road is not expected to stay on his own side of the road?’
BMF spokesman Jeff Stone said: “There are too many of these instances where justice for the motorcyclist is hard to come by. It’s a sort of ‘bikeism’ where it seems merely riding a motorcycle is taken as a contributory factor! This case beggars belief.”
The Motorcycle Action Group (MAG) letter to Mr Clarke reads: “It is a stain on the justice system when an injured person willing to accept some fault, has been forced by the Appeal Court to take all of the responsibility for the outcome of a collision.”
MAG said: “It flies in the face of common sense and decency to deny Mr Whiteford any right to compensation – the rules of the road are clear: the lorry driver should not have crossed or straddled the road markings designed to separate traffic unless they could see the road ahead was clear and it was safe.”
Mr Whitehead has told local press how his injuries have prevented him from working, and he and his partner now face losing their home as a result of the decision.
4 Responses to “Court overturns award to biker who lost leg”
ninjaboy Says:
August, 16th 2012 at 03:36 pm
i feel for this guy.In advanced riding its drummed into us to position yourself near to the white lines on a left hand bend, and he didnt stray over the line, as is mentioned. The lorry driver contravened the fundamental law of straying into opposite traffic!! if he had hit a car we wouldnt be having this discussion, because he would have lost his licence,fact.
karl Says:
July, 21st 2012 at 07:05 pm
if the rider was in a car instead.he may not have had enough room to edge over to the side in order to miss the oversize load.and may still have hit it,even though he may have slowed down enough to feel safe to continue.
i feel the largest part of the blame is with the truck driver. he should have had someone in front of him to warn other road users of the oncomming danger.
im no car hater.but i find far too many 4 wheelers,or more on my side of the road when it comes to B roads.non motorcyclists dont have to worry about the other dangers.such as dead animals,branches,tractors mud and gravel for instance.we have to think of so many things to stay alive. they only have to steer around a bend.
this driver,i my opinion. should have had someone in front to warn others until he could reach the main roads which are wide enough for such a vehicle.
judge dredd Says:
July, 10th 2012 at 11:58 am
We do not know if it was a right hand bend or a left hand bend. left hand and advanced riding says that its in order and to gain a better view of the road ahead put yourself on the outer of the carriagway close but not over the centre line. maybe this was his position. However this puts him in possible danger of another vehicle cutting the bend coming the other way and therefore one should be always able to sacrifice that position and move inward.tightening the bend.
This for some reason, we do not know, did not happen but it might be argued he was correct in what he was doing.
The danger on such blind bends is always there, first its about speed, do we need that speed going into that bend if not slow,then gear to match the speed and make the bend smooth without changing up or down whilst actually on the bend and position is important but we sometimes forget the other overiding parameter, the ability to stop in the distance seen to be clear and on our side of the road. That is a fundamental rule on any road whether on a straight, overtaking or on a bend.
I feel for the guy but i have come to the conclusion some time ago to take the middle of the road on any blind bend and nit to steer to close to the white lines. I know that i may have to drop my speed, maybe by 2 mph but to my mind its safer. Whats the point in making progress if u end up dead because of it.
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ninjaboy Says:
August, 16th 2012 at 04:26 pm
just a thought, but maybe m.a.g. could organize a charity collection or rideout to help pay his mortgage off. poor guy has lost enough dont you think?.