Presentation by Brenda Mitchell of Motorcycle Law Scotland to IAM Glasgow North Group on Road Traffic Collisions and Civil Law

1. Road Traffic Collisions and Civil Law
Presentation to IAM Glasgow North
September 11th 2014
Glasgow

2. Motorcycle Law Scotland
• Provide an innovative and dynamic
legal service for motorcyclists by
motorcyclists
• Cover ALL of Scotland from 4 offices
• Only handle motorcycle accident
and injury cases
• Work on a “No win, no fee” basis
• Are passionate about what we do

3. The LAW and perceived prejudice
• Criminal cases
• Civil cases

4. Sentences for motorcyclists
• “Biker jailed for 6 mths
and banned for 18 mths
for taking teenage son
on 122mph pillion ride.”
• “Motorcyclist sentenced
to 9 mths in jail for
dangerous driving after
speeding at 166mph.”
compared to…..

5. Sentences for motorist
• 63 yr old motorist Thomas Scully
• 2 previous drink driving convictions
• Sentenced to 18 wks jail suspended for 12
months and 250 hrs community service.
• Scully was 2x over legal alcohol limit
• Pulled straight out in front of the 17 yr old
motorcyclist and then drove off at speed after
the crash leaving him for dead.

6. Evidence
• Research suggests judges look for
evidence that is:
– Consistent
– Contemporary
– Independent
– Common sense
and most of all
– Concordant with their own experience

7. An example of common sense?
• Motorcyclist and a lorry approached a bend on a narrow country road.
• Left bend for the motorcyclist and a right bend for the foreign owned
lorry. Neither could see each other on approach.
• Lorry was over the centre line on the motorcyclist’s carriageway by
about a foot. The motorcyclist was near the centre line but within his
carriageway.
• Motorcyclist struck the front offside of the lorry and unfortunately lost his
right leg.
• Court of Appeal decided the lorry driver was not at fault as he couldn’t
be expected to drive with a counsel of perfection. On the other hand, the
motorcyclist had not taken the “proper line" into the bend

8. • Rule 211
Highway code
Look out for Motorcyclists
– when coming up from behind, out of junctions, at roundabouts,
overtaking you or filtering.
– always look out for them before you emerge from a Junction, when
turning right across a line of slow moving or stationary traffic.
– Be especially careful when turning and when changing direction or
lane.
• Check mirrors and blind spots

9. Case 1
• Facts
– B Road
–Motorcyclist following a
bus
– Bus signals to turn left
–Motorcyclist overtakes bus
– Car sitting at junction sees
the bus signalling left and
pulls out to turn right

10. Case 1 – Result
• Car driver 100% to blame as he should have
waited to let the bus get completely into the
minor road before pulling out as there was a
risk that road users, particularly motorcyclists,
could be masked by the bus.
• Case Harding v Hinchcliffe ( 1964 )

11. Case 2
• Facts
– Motorcyclist approached tail
end of stationary traffic
– Motorcyclist filtered up the
offside
– Car emerged from a side road
into a gap wanting to turn
right
– Tanker driver signalled car out
– Car inched out and collided
with motorcyclist

12. Case 2 – Result
• Motorcyclist 80 % to blame Car Driver 20%
• Case Powell V Moody ( 1966 )

13. Case 3
• Facts
– Car driver wished to turn
right from minor road to
proceed south on major
road
– Petrol tanker travelling north
stopped to leave a gap
– Car driver’s view of
Northbound carriageway
was blocked by position of
the tanker
– Car driver edged forward
past the tanker
– Struck a motorcyclist who
was filtering past the tanker
on the northbound
carriageway

14. Case 3 – Result
• Car driver 50 % Motorcyclist 50%
• Case : Worsfold v Howie (1980)
• There is no principle of law which entitles a
driver to emerge blind from a minor road onto
a major road by inching forward beyond his
line of vision, even if he did so slowly.

15. Case 4
• Facts
– A motorcyclist was overtaking
a queue of stationary traffic on
a long stretch of road with one
lane in each direction.
– A car driver in the stationary
queue decided to execute a U-turn.
– A collision occurred and the
motorcyclist was seriously
injured.

16. Case 4 – Result
• Car driver 100% to blame
• Another one for the good guys
• Case Davis v Scrogin ( 2006)

17. Case 5
• Facts
– Coach driver stopped at a T
Junction (minor onto major
road).
– Wanted to turn right.
– Road works and temporary
traffic lights to left of
junction and queuing traffic.
– Large tractor and trailer to
the right so driver can’t see
beyond the tractor and
trailer.
– Coach driver pulled out and
collided with a filtering
motorcyclist.

18. Case 5 – Result
• Motorcyclist 50% to blame Coach driver 50%
• Case Woodham v Turner 2012- overturned 2011
decision which was 70/30.
• What happened to the principle of Law about field of
vision?
• Second motorcyclist pulled in behind trailer.
• Motorcyclist doing 20mph.
• Judge said 15 MPH would have been better as
motorcyclist would have been able to stop.
• Possibly first legal interpretation of what speed is
filtering and what is overtaking.

19. Case 6
• Facts
– A motorcyclist was
following a car.
– The driver took a sudden
left hand turn
– The motorcyclist
performed an emergency
stop but was thrown
from his bike and
collided with the car.

20. Case 6 – Result
• Motorcyclist 70% to blame Driver 30% to
blame.
• Case Mackeldon v Hinton (2005).
• Those travelling in front still owe a duty of care
to those travelling behind.
• Car driver indicated late BUT....
motorcyclist travelling too close behind

21. Adam Wagner

22. Adam Wagner

23. Case Study 1

25. Case Study 1 - Result
SMITH v BLUEBIRD BUSES (2014)
•85% - Pedestrian
•15% - Bus Driver

26. Case Study 2

29. CRAY V BOTWRIGHT (2013)
•50%
•50%
Case Study 2 - Result

30. Case Study 3

31. PAVE
ME
NT
OPS
S
H
N

32. Case Study - Result
PARAMASIVAN V WICKS (2013)
•50%/50%
•Reduced 75% Boy / 25% Driver

33. Important Post Accident Tips
•DO NOT pay for legal expense cover
and do not accept a solicitor appointed
by your insurance company.
•GO directly to a solicitor who knows about
motorcycles not one who has paid a fee to
get your case.

34. MLS Legal Expense Protection
To register for FREE, go to www.motorcycle-lep.co.uk or
pick up a card tonight and activate it.

35. www.motorcyclelawscotland.co.uk
www.facebook.com/motorcyclelaw
www.twitter.com/motorcyclelaw1