Are motorcyclists adrenalin junkies or vulnerable road users? Karen O’Sullivan examines the approach of the courts
A trio of recent decisions are of interest to discern the courts’ approaches to motorcyclists and indeed drivers that come into unwanted contact with them.
Woodham
In Woodham v JM Turner (t/a Turners of Great Barton) [2011] EWHC 1588 (QB), [2011] All ER (D) 133 (Jun), the motorcyclist was overtaking queuing traffic, including a large tractor with trailer that had stopped to allow space for traffic to enter and leave a left hand junction. Miss Turner’s bus emerged from the minor road, executing a right hand turn with the tractor on her right, restricting her view. Miss Turner was held liable by the trial judge, with the 16-year-old moped rider being held only 30% responsible.
Davis LJ considered such an apportionment “surprising” and adjusted it to 50/50 even though he acknowledged that an appellant court should be slow to interfere with precise percentages decided by a judge who heard all the evidence. The motorcyclist was doing 20mph, but the court was heavily influenced by his young contemporary
