Burton v Evitt

A motorcyclist travelling on an A road came across a line of traffic and so proceeded to overtake on the offside.

At the front of the line of traffic, there was a car waiting to turn right into a public house. The motorcyclist collided with the vehicle that was turning and was seriously injured.

The Court at first instance held the motorcyclist 2/3rds to blame and the car driver 1/3rd.

The car driver appealed this decision.

It was found by the trial Judge that the motorcyclist was travelling at an unsafe speed and was riding in such a way that he could not deal with an emergency. Despite the fact there was a 4x4 stationed behind the car driver which partially obstructed his view and that by not edging out slowly he did not exercise due care, it was decided on appeal that the motorcyclist’s speed substantially contributed to the accident.

Burton v Evitt Accident Reconstruction

Appeal decision:

Motorcyclist 80% to blame Car Driver 20% to blame

You can read the Court of Appeal decision here


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.

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