Stark v Lyddon [2019] EWCH 2076 (QB)

In August 2016, Ms Lyddon drove out of a car park intending to make a right turn onto a major A road. The speed limit for the section of road was 30mph. Mr Stark, a 21-year-old motorcyclist, was riding his Suzuki 750cc at approximately 65mph when the car emerged. The motorcycle collided with the rear offside door of the car and the rider was thrown over the car landing on the road and sustaining a severe injury to his right arm.

Stark raised an action for damages against the driver of the car which had pulled out from the car-park and into his path.

During the Civil trial, an accident reconstruction expert explained to the Court that had the motorcyclist been travelling at 30mph, he would have been able to avoid the collision. It was also established that the driver’s view at the junction would have been between 60m to 70m to her right up the road. Accordingly, the driver ought to have seen the motorcyclist approaching.

The judge found both parties to have been at fault by stating "the Defendant (driver) for not looking properly to her right before she commenced her right turn and the Claimant (motorcyclist) for his grossly excessive speed."

The judge further found that the motorcyclist who had been travelling in excess of double the speed limit was the more significant causative factor in the collision.

Motorcyclist 70% to blame.           Driver 30% to blame

Due to his excessive speed, the motorcyclist only recovered 30% of the damages to which he was entitled. The driver should have seen the speeding motorcyclist. Speed was the most significant factor in the collision but not the only factor as the driver should have seen the motorcyclist.