Heaton v Herzog (2008)

Heaton v Herzog Accident Reconstruction

A car driver exiting from a minor road collided with a motorcycle travelling at excessive speed along the main road. The car driver's line of vision was partially blocked by parked cars. The court held that the car driver was under a continuing obligation to give way to traffic on the major road and take extreme care moving off especially if sight-lines were reduced. However, there was no doubt that the motorcyclist was travelling at excessive speed.

Driver 25% blame           Motorcyclist 75% to blame.

Remember, no two cases are the same: your case is unique, the accident circumstances are unique and each case is fact sensitive.