Bike accident reassessed

Dorning v Personal Representative of Paul Rigby (deceased)

(Court of Appeal - 13 December 2007)

Mr Dorning appealed against the dismissal of his personal injury claim against Mr Rigby arising out of a motorcycle accident.

Mr Rigby had failed to negotiate a bend causing him to veer onto the opposite side of the road and collide with an oncoming vehicle. He landed in the field adjacent and was fatally injured. The collision caused an explosion and Mr Dorning, travelling behind Mr Rigby, also failed to negotiate the bend and slid across the road into the adjacent field sustaining injury.

At first instance, the judge dismissed Mr Dorning's case after finding that there was no road debris that would have caused him to lose control.

On appeal it was held that the first judge failed to recognise Mr Dorning's case, which was he had lost control of his vehicle due to the explosion, braking hard and reacting to the emergency situation. The assumption that Mr Dorning would not have negotiated the bend safely but for the accident was flawed. Mr Dorning's loss of control occurred because of his reaction to the emergency. His damages were reduced by 20% as, had he been travelling further behind Mr Rigby, he would have had time to react.

COMMENT

This unusual road traffic accident highlights the importance of considering all of the facts of a case. It was the negligence of the respondent that created an emergency situation and resulted in the appellant losing control of his vehicle and sustaining an injury. Kay Askew, BLM Stockton-on-Tees.