Motorcycle Accident Case Law

Filtering
Junctions
Leading and Following
Overtaking
Pedestrians
Roundabouts
Rural riding
Speed
Misleading signals
Product liability
Contributory negligence
Road Surface Defect

Filtering

Harding v Hinchclife (1964)
Car pulls out from junction and hits motorcyle filtering past a bus. Driver 100% to blame.

Powell v Moody (1966)
Motorcyclist filtering on offside of two rows of stationary cars collides with car driver. Driver 20% to blame.

Clarke v Windchurch (1969)
Car and filtering moped collide.

Worsfold v Howe (1980)
Motorcyclist filters past stationary tanker at a junction and collides with vehicle crossing in front. Driver 50% to blame.

Fagan v Jeffers (2005)
Motorcyclist undertakes stationary vehicles and collides with a car. Driver 50% to blame.

Davis v Schrogin (2006)
Motorcyclist overtaking a staionary queue of traffic when a car does a U-turn. Driver 100% to blame.

Woodham v Turner (2012)
Motorcyclist filtering past a stationary tractor and trailer at a junction collide with bus which is turning out. Driver 50% to blame.

Burton v Evitt (2011)
Motorcyclist overtakes a row of stationary traffic and collides with lead vehicle which is turning right. Driver 20% to blame (on appeal).

Jones v Lawton (2013)
Motorcyclist filtering using opposing carriageway collides with vehicle pulling across his path at a junction. Driver 2/3rd to blame.


Junctions

Harding v Hinchcliffe (1964)
Car pulls out from junction and hits motorcyle filtering past a bus. Driver 100% to blame.

Powell v Hansen and Chin (2001)
Car at crossroads collides with speeding motorcycle. Driver 80% to blame.

Mackeldon v Hinton (2005)
Motorcyclist following lorry which suddenly turns left causing motorcyclist to come off and into path of another car. Driver 30% to blame.

Farley v Buckley (2007)
Scooter collides with refuge lorry which is turning left at a junction. Scooter rider 100% to blame.

Heaton v Herzog (2008)
Car collides with speeding motorcyclist at junction. Driver 25% to blame.

Hamilton v O’Kane and Another (2009)
Pillion on motorcycle injured in collision with a car exited a junction. Driver 50% to blame

Duncan v Walshe
Lorry and motrocycle travelling in opposite directions collide as lorry turns into minor road. Lorry driver 100% to blame.

Hernandez v Acar 
A speeding motorcyclist and car collide at a junction. Blame is apportioned 60/40 in favour of the motorcyclist due to causitive potency.

Kyriacou v Finch (2021) 1 WLUK 359
Speeding scooter rider overtakes van at junction and collides with car which cuts corner and pulls out in front of him.

Vincent Ringe v Eden Springs (UK) Ltd (2012)

Woodham v Turner 2012


Brooks v Burgess (1996)


Dowling v Dargue (1996)


Garston Warehousing Co v O F Smart (Liverpool)
(1973)

Laws v Williams & Anor [2018] EWHC 1871 (QB) (18th July, 2018)

Stark v Lyddon 2019


Shevlin v European Metal Recycling Ltd [2018] EWHC 1695 (QB) 


Leading & Following

Sharp v Avery (1938)

Smith v Harris (1939)

Thompson v Spedding (1973)


Clift v Hawes (1999)


Dorning v Personal Representatives of Paul Rigby (2007)


Lindsay v Lamb (2007)


Bellingham and Others v Todd (2011)

Leslie O’Donnell v Lisa Smith and Royal & Sun Alliance Insurance Plc [2018] SC EDIN 68


Overtaking

Hillman v Tompkins (1995)

Pell v Moseley (2003)

Shaw v Russell and Another (2004)


Morrison v Gardener (2005)


Davis v Schrogin (2006)


Ogden and Chadwick v Barber and Higgs (2008)


Beasley v Alexander (2012)


Pedestrians

Ratter v Halcrow (2005)

Scott v Gavigan [2016] EWCA Civ 544
Drunk pedestrian runs out in front of motorcyclist, causing a collision.


Roundabouts

Grace v Tanner (2003)


Rural Riding

Askey v Wood (2005)

John Mosier v Thomas Simpson (2001)

Arnot v Sprake (2001)

Whiteford v Kubas UAB (Court of Appeal Civil Division) 9th May 2012

Hardy v Walder (1984)

Russell v NFU Mutual (2014)

McIntosh v Aviva Insurance UK Ltd [2018] SC EDIN 2

Buswell v Symes [2015] EWHC 1379 (QB)

Mitrasinovic v Stroud (2020) EWHC 914 (QB)

Amy Cockburn v MCE Insurance Company Limited 2019 SC EDIN 75
Motorcyclist and car collide at a corner on a country road. Both blame each for encroaching but there are no witnesses.


Speed

Bingham v Fuller (1997)

Waller v Levoi (1968)

Askey v Wood (2005)

Dale McFarlane v Barry Thain and James Campbell (2007)

Ringe v Eden Springs (UK) Ltd QBD 12/1/12

Hardy v Walder (1984)

Goad v Butcher [2011]
Collision between speeding motorcyclist and tractor that had cut a corner whilst turning.

McPherson v Smith & Ors [2018] EWHC 1433 (QB)

Everett v Dyer (2019)
A motorcyclist riding at 100mph just prior to the incident results in 25% contributory negligence due to causative potency.

Hernandez v Acar (2019)
A speeding motorcyclist and car collide at a junction. Blame is apportioned 60/40 in favour of the motorcyclist due to causitive potency

Amy Cockburn v MCE Insurance Company Limited 2019 SC EDIN 75
Motorcyclist and car collide at a corner on a country road. Both blame each for encroaching but there are no witnesses.

Stark v Lyddon

Buchan v Whiting [2008] EWHC 2951 (QB) 

Kyriacou v Finch (2021) 1 WLUK 359
Speeding scooter rider overtakes van at junction and collides with car which cuts corner and pulls out in front of him.


Misleading Signals

Wadsworth v Gillespie (1978)

Davis v Swinwood (2003)

Higgins v Johnson (2008)


Product Liability

Baker v KTM Sportmotorcycle UK Ltd [2017] EWCA Civ 378
Motorcyclist sues KTM for brake seizure.


Contributory Negligence

Capps v Miller (1989)
Failure by a motorcyclist to fasten the chin strap of his crash helmet can amount to contributory negligence.

Amy Cockburn v MCE Insurance Company Limited 2019 SC EDIN 75
Motorcyclist and car collide at a corner on a country road. Both blame each for encroaching but there are no witnesses.

Everett v Dyer
A motorcyclist riding at 100mph just prior to the incident results in 25% contributory negligence due to causative potency.

Stark v Lyddon
A speeding motorcyclist travelling at more than twice the speed limit had his damages reduced by 70% as it was seen to the prime causitive factor for the collision.

Hernandez v Acar 
A speeding motorcyclist and car collide at a junction. Blame is apportioned 60/40 in favour of the motorcyclist due to causitive potency

Kyriacou v Finch (2021) 1 WLUK 359
Speeding scooter rider overtakes van at junction and collides with car which cuts corner and pulls out in front of him.


Road Surface defect

O'Connor v Luton Borough Council [2021] EWHC 1691 (QB)
Motorcyclist suffers life-changing injuries following collision after exiting a petrol station and into the path of an oncoming vehicle. The uncontrolled exit was deemed to have been caused by a road surface defect on exit from the petrol station.


 

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