Dorning v Personal Representatives of Paul Rigby (2007)
Four motorcyclists were travelling in a convoy. The lead motorcyclist failed to negotiate a left hand bend and crossed onto the opposite carriageway. He collided with an oncoming BMW and was fatally injured.
The following motorcyclist reacted to the situation in front by braking sharply and as a result he slid across the road avoiding the car but landing in a field sustaining injury. The following motorcyclist sued the lead motorcyclist’s estate.
The lead motorcyclist was at fault but the following motorcyclist was 20% to blame as he was riding too close and was thus affected by the tragedy unfolding before him. Had he allowed a few more yards space, he could have had the time to react to the emergency rather than braking aggressively.
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