Partially to blame for your accident Injuries?
Posted: 20th August 2019
If you have been injured in a road accident that was partly your own fault you should not be discouraged from contacting solicitors. In a case on point, a motorcyclist who was racing at more than double the speed limit before disaster struck nevertheless won the right to substantial compensation.
The motorcyclist T-boned a car as it emerged from a pub car park. He suffered damage to the bundle of nerves controlling his right and dominant arm, leaving him with no useful function in that limb. After he contacted experienced lawyers, they launched proceedings against the motorist on his behalf.
In ruling on the case, the Court found that the motorcyclist, who had just ridden past a road sign giving the speed limit at 30mph, was travelling at about 70mph in the moments before the collision. He was deliberately racing and, despite emergency braking, was still going at 55mph at the moment of impact.
The Court, however, found that the motorist bore 30 per cent of the blame for what happened. Although her view was restricted by foliage and an advertising hoarding, she did not stop at all before crossing give way markings. Had she taken a last look to her right, she could scarcely have failed to see the motorbike. The amount of the motorcyclist’s compensation has yet to be assessed but, given the severity of his injuries, he was likely to receive a six-figure sum, even after a 70 per cent reduction.