A driver, KR, was cleared of wrongdoing after pulling across the path of an oncoming motorcycle. The ensuing collision left the rider of the motorcycle with life-threatening injuries, which have changed his life forever.
On the day of trial, the Prosecution conceded that the manner of the riding of the motorcycle in the lead up to the collision was at least reckless and, in a civil context, provided clear evidence of contributory negligence. However, in the criminal context, the Prosecution maintained that, notwithstanding, the standard of driving by KR fell below the standard expected of the competent, careful driver.
The District Judge was not so persuaded. In acquitting the driver, she acknowledged that KR had stopped at the junction and correctly made checks; that KR had seen the oncoming motorcycle and had correctly determined that it was safe to go; but that circumstances had changed after KR had committed to the manoeuvre, the bike accelerating to a grossly excessive speed and, effectively, into collision, in circumstances where, had the bike been ridden safely, there would have been no collision.
The civil claim for personal injury and damage will be determined on a future date.
Thanks go to Tom Stevenson at Keoghs for all his hard work in preparing this case for trial.
Richard Dawson is an expert trial lawyer, specialising in road traffic law, defending drivers charged with offences arising out of catastrophic or fatal accidents.
Richard is also heavily involved in transport law, defending corporate bodies and individuals facing regulatory investigation and prosecution.
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