'We've got your back' - East Kilbride RoADAR Group
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Presentation to EK RoADAR 12 th April 2017 ‘We’ve got your back’
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Transcript of 'We've got your back' - East Kilbride RoADAR Group
Presentation to
EK RoADAR12th April 2017
‘We’ve got your back’
Where do you stand?
Uphill struggle | Specialists on your side
5 most common accidents
Bends on rural roads
Filtering
Collisions at junctions
Overtaking Loss of control
Filtering
Powell v Moody (1966)
Driver - 20% Motorcyclist - 80%
Pell v Moseley (2003)
Driver - 50% Motorcyclist - 50%
Davis v Schrogin 2006
Driver – 100% at fault
Woodham v Turner (2012)
Motorcyclist – 50%
Coach driver - 50%
R v Aviva
Motorcyclist ?
Driver ?
Motorcycle Law case – Mr R
Each case – Fact sensitive
Rural Roads
Arnot v Sprake (2001)
Motorcyclist 100% to blame
Left hand bends
Beware of the coos
Beware of the coos
Beware of the coos
The Good, the Bad and
the Ugly
Judges
Key influences
• Consistent• Contemporary• Independent• Common sense• Concordant with their own
experience
Adam Russell v NFU
Adam Russell v NFU
NFU v Adam Russell
Lady Stacey – “The Good”Driver 100% to blame
“I have come to the view that the accident happened because Mr Swinton pulled out onto the main road once the pursuer had come round the corner and should have been visible to Mr Swinton, had he taken due care.”
“On the matter of contributory negligence, I am not persuaded that there is evidence to show that the pursuer was guilty of contributory negligence.”
Adam Wagner
Adam Wagner
Adam Wagner
Adam Wagner v Thomas Grant and another
• 60% Driver• 40% Motorcyclist
“The Ugly”• Bend
• Lorry and motorcyclist on approach
• Lorry over centre line
• Motorcyclist near centre line
• Collision and motorcyclist loses right leg
European Riding
Road surface defects
Overbanding and loose gravel
Diesel Spill
Re-instatement
Re-instatement
Re-instatement
What to do in the event of an accident?
• STOP at the scene if the accident has caused injury, or if there’s damage to a vehicle, property or street furniture (such as a street lamp). If possible, alert oncoming traffic.
• CONTACT the police (999 from a landline or 112 from a mobile) if anyone is injured, the collision is causing a hazard or someone has left the scene without exchanging details.
• OBTAIN the registration number(s) of vehicle(s) involved.• PHOTOGRAPH the scene of the accident and note road
number/specific location. Photograph any road surface defect that may have caused the accident.
Don’t let the sharks bite!
Michael Gibson
Michael Gibson
From £5k to £50k
What if it happens to you?
• It’s your choice, NOT your insurer’s• Motorcycle Law Scotland’s Legal Expense
Protection
To register for FREE, go to www.motorcycle-lep.co.uk or pick up a card tonight and activate it.
“We don’t just make a difference, we are the difference.”
Phil Greig
“We don’t just make a difference, we are the difference.”
Graham Clark
www.motorcyclelawscotland.co.uk
www.facebook.com/motorcyclelaw
www.twitter.com/motorcyclelaw1
