Brooks v Burgess (1996)

Brooks v Burgess Reconstruction diagramOn the approach to a crossroads, a motorcyclist decided to undertake a stationary bus. A car driver emerged from the right in front of the stationary coach and into the path of the motorcycle as it undertook the bus.

The motorcycle was travelling at 20mph. At the first Court hearing, the car driver was found 80% to blame but on appeal both parties were found 50% to blame.

The car driver had pulled out from a minor road onto a major road and had not taken into consideration a vehicle or pedestrian could have been moving along the nearside of the coach. The motorcyclist should have been aware of the risks involved in undertaking at a crossroads. Both were carrying out dangerous manoeuvres and should have been aware of the risks involved.

Motorcyclist 50% to blame                    Driver 50% to blame