Shaw v Russell and Another (2004)
On the 16th July 2000, a motorcyclist with a pillion passenger were travelling north through Glencoe.
The motorcyclist overtook a line of cars and vans. A minibus driver at the head of the queue turned right and across the motorcyclist’s path.
He failed to observe the approaching motorcyclist.
In the ensuing collision, the pillion passenger, Elaine Shaw, sustained serious injuries ultimately resulting in the partial amputation of her left arm.
The case proceeded to Jury Trial at the Court of Session in Edinburgh. The verdict of the Jury was that the minibus driver was 95% to blame for the accident but the motorcyclist should also accept some responsibility, which the Jury assessed at 5%.
Minibus driver 95% Motorcyclist 5%
Please have a look at more decisions below. Remember, no two cases are the same: your case is unique, the accident circumstances are unique and each case is fact sensitive.