Burton v Evitt (2011)

A motorcyclist travelling on an A road came across a line of traffic and so proceeded to overtake on the offside.

At the front of the line of traffic, there was a car waiting to turn right into a public house. The motorcyclist collided with the vehicle that was turning and was seriously injured.

At first instance, the Court held that the motorcyclist was 2/3rds to blame and the car driver 1/3rd.

The car driver appealed this decision.

It was found by the trial Judge that the motorcyclist was travelling Burton_v_Evittat an unsafe speed and was riding in such a way that he could not deal with an emergency.

Despite the fact there was a 4x4 stationed behind the car driver which partially obstructed his view and that by not edging out slowly he did not exercise due care, it was decided on appeal that the motorcyclist’s speed substantially contributed to the accident.

Appeal decision:

Motorcyclist 80% to blame            Car Driver 20% to blame

You can read the Court of Appeal decision here