The Court of Appeal had to consider how to apportion liability in a road traffic accident involving a car and motorbike where an injured pillion passenger claimed compensation for injuries in the case of Hamilton v O’Kane and another. Deciding who was to blame for the accident was important as it would mean that the insurers of the driver who caused the accident would have to pay the injury compensation claim. If both drivers were partly responsible for the accident, then the responsibility for paying compensation would be split according to how much blame was given to each driver.
The car driver turned from a minor road onto a major road causing a collision with a motorbike that had a pillion passenger. The passenger gave evidence that the motorbike had been driven down the middle of the road and the car had come out of the minor road without stopping. An independent witness stated that the motorbike had swerved into the middle of the road to avoid parked cars and that had caused the accident. The Court found that the motorcyclist had been drinking and, although below the speed limit, was driving too fast for the conditions of the road. The car driver had failed to look before turning out of the side road. The Court apportioned liability at 80% for the motorcyclist and 20% against the car driver. This would have meant the motorcyclist’s insurers would contribute 80% of the pillion passenger’s accident claim and the car driver’s insurers 20%.
The motorcyclist appealed. The Court of Appeal found that the speed of the motorbike was not a cause of the accident and there was nothing in the evidence to suggest the motorcyclist’s drinking had impaired his driving. But the car driver had not kept a proper look out so did not see the motorbike. Had the motorbike kept to the correct side of the road, the accident would not have happened. Therefore, both drivers were equally to blame for the accident.
If you were a passenger on a bike or in a car and injured in an accident that was caused either by the driver of the bike you were on or car you were in or caused by another driver, contact Lawson-West on 0116 212 1000 now, complete one of the on-line forms or text ‘accident’ to 07968 888857 and we’ll call you back.
