Beasley v Alexander (2012)
On 22nd May 2009 on A453 in Nottinghamshire, a driver of a Volkswagen Golf 3.2 stuck in a queue of traffic, decided to execute a U turn and return home. Unfortunately, at the same time, a motorcyclist riding an R6 was overtaking the same line of cars at a speed of approximately 45mph.
A collision occurred, the strap of the motorcyclist helmet broke and his helmet came off on impact. He sustained severe injuries including brain injuries. Visibility at the time of the incident was good and weather conditions were fair. There were numerous witnesses some of whom were critical of the motorcyclist’s speed.
The Judge found the Volkswagen driver had pulled into the path of the overtaking motorcyclist and the motorcyclist had no chance of avoiding him. He found the motorcyclist was travelling “somewhat too fast” but even at a top “safe speed” of 35mph there would nonetheless have been a collision and the motorcyclist would still have sustained serious injury.
The car driver was 100% to blame.
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