White Dalton’s specialist motoring solicitor Andrew Prendergast guides readers through their legal trials and troubles…
Question:
Last Easter I was riding along a really fun, twisty country road on my Royal Enfield Himalayan 450. I was doing about 55mph to 60mph and riding on my side of the road. As I came around a tightish left-hand bend, I was suddenly faced with a massive tractor towing a trailer filling the whole road. The farmer braked to a stop as I tried to swerve left. However, the road was too narrow, and I clipped the rear end of his tractor. I can’t really remember what happened next, but I suddenly felt very wet and cold. Once I had gathered myself together, I realised I had ended up in a ditch full of water. I crawled out just as the farmer came running up the road to help. Luckily, I only fractured my leg and that has healed after around eight weeks. However, I work in a factory moving pallets around etc., so I’ve lost a couple of months income. My view is the farmer should pay out 100% as I was doing nothing wrong i.e. I wasn’t speeding and I was on my side of the road. Do you agree? The reason I am asking is my solicitor has just advised me that I will probably lose my claim if we go to trial. In addition, she also told me to accept a 50/50 split liability offer the tractor drivers’ insurer has just made. I am pretty angry to say the least and told her I will probably go to Court and argue my case, but I will take a couple of days to ponder what to do.
Answer:
Whilst this may be a bitter pill to swallow, in light of previous Court decisions, I have to advise that you may well lose your case 100%. If we flip it a different way, the farmer was using a country lane. That is a “foreseeable hazard” i.e. tractors need to drive to get to fields etc. Courts have consistently and perhaps unsurprisingly found that large vehicles can use country lanes; and when doing so may be on the wrong side of the road; and that in itself is not negligent. Further, Courts have repeatedly found that riders/drivers need to be travelling at a speed they can see and stop for a reasonably foreseeable hazard, such as a tractor on a country lane. With that in mind, I can see a Court finding that whilst not riding over the speed limit, you were riding too fast to be able to stop safely if there was a hazard around the left-hand corner and actually find you 100% to blame. Therefore, I suspect a 50/50 outcome may well be a good result. Before incurring an expensive day out at Court, I suggest you think carefully because 50% of something is better than 100% of nothing. If you were my client I would advise you accept the split liability offer.