Hamilton v O’Kane and Another (2009)
A pillion on a motorcycle was seriously
injured when a car exited from a minor road into the path of the motorcycle.
The motorcyclist was over the legal alcohol limit but no evidence was presented to suggest that his riding had been impaired or affected by alcohol.
The accident was caused by the failure of the motorcyclist to keep to his correct side of the road and the failure on the part of the car driver to ensure the road was clear before exiting from a minor onto a major road.
Motorcyclist 50% to blame Car Driver 50% to blame