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Anonymous

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Steve Farrell  says:

Rider denied compensation for crash with lorry that crossed white line

A motorcyclist who collided with an oncoming lorry which had partly crossed over the central white line has been denied compensation.  To blame the lorry driver would impose too high a standard on him, according to the Court of Appeal ruling.  Motorcyclist Robert Whiteford, of Soham, Cambridgeshire, lost a leg in the crash in April 2009 near Ely. He won...

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  • Posted 3 years ago (16 May 2012 09:17)

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MarcusMarsh

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Aug 09

Posts: 2699

MarcusMarsh says:

Compensation

With only the facts contained in the report it's difficult to get a full picture of the events.  However, this does seem harsh on Mr Whiteford.

But remeber the case ladies and gentlemen and the next time that a police office nicks you for crossing a white line or maybe even straying a few mph above the posted speed limit refer to this case and state that he is "imposing too high a standard on your riding".  

[This Reply has been modified by the Author]

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jollyboy

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Sep 11

Posts: 402

jollyboy says:

The lorry was too wide for the road? In that case surely there is an argument that the lorry should not have been allowed on the road. In other words should this not at least be argument enough for the local authority to close that road to HGVs? I live on a narrow stretch of A road where HGVs are banned in one direction only, so it is common for HGVs coming in the opposite direction to cross the white line. We've been trying to get HGVs banned in both directions, but the local authority have told us that this is not a serious enough road safety issue to have HGVs banned. I wonder if somebody losing a leg would be considered serious enough?

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megawilhelm

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Jan 12

Posts: 4

megawilhelm says:

Neither Mr Whiteford's bike nor his leg was over the white line.. so how on earth did this outcome happen?!

Mr Whiteford must have shocking lawyers!

 

I ride more towards the line than the kerb to get a better view of the road ahead, so I can see when cars ahead are braking and so I can overtake as soon as the right moment comes! If this had happened to me, i would be 'kicking off'!

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SatNavSteve

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Sep 10

Posts: 1270

SatNavSteve says:

So the lorry was on the wrong side of the road, the lorry was too big for the road, and the driver doesn't have to be all that good a driver to be driving it?!!!! The rider was doing absolutely nothing wrong and lost a leg and gets no compensation? Has the legal system gone completely mad in this country? It appears foreign drivers doing wrong on the roads here can get away with mutilating our road users and walk off scot free. And who's to say it won't happen again? Sincere sympathies go to the motorcyclist who was doing something that myself and probably many thousands of other motorcyclists do and that is to ride near the white line to get a better view of the road ahead for safety reasons and, as I see it, a better chance for an escape route down the outside of the vehicle ahead in case it brakes hard and unexpectedly. The court of appeal should hang their heads in shame.

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Rogerborg

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Sep 09

Posts: 848

Rogerborg says:

Careful Now

We're just reading the media-troll version, there's no information about the relative speeds, or why either party made their decision about their road position.  Let's try not to read too much into it.

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tl1000kid

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Aug 02

Posts: 103

tl1000kid says:

An outrage

Where do we protest?

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Ralinoco

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Nov 08

Posts: 53

Ralinoco says:

hang on a minute

So the rider loses a leg and gets no compensation because he is too far over but still on 'his' side of the road??

I can't believe what I'm reading!!

Why should that rider have been riding at the centre of his lane?? There isno law that states this is whata rider must do. Was that rider trying to avoid one of the many potholes man-hole covers and overbanding that we all encounter at a split-seconds awareness on every ride? To avoid these hazards all of one lane needs to be used and we have a right to do that.

The bottom line should be if the lorry was unable to stay on his side of the road/lane without causing danger to another vehicle he should not have proceeded. The highway code clearly states this.

This case sets a dangerous precedent for any future claims unless seriously challenged  and effectively the argument of "imposed too high a standard of driving" on the lorry driver" could apply to anything.

DISGUSTING ruling by the judge.

 

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Cyclonite

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Oct 10

Posts: 306

Cyclonite says:

Protest?

I'm up for it. Time and place?

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Cyclonite

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Oct 10

Posts: 306

Cyclonite says:

Rogerborg

The article is composed of facts and quotes. none of this is opinion, no emotive language is used and there's no bias. the reason for the road position is obvious - the motorcyclist was in his lance because that's what he should do and the lorry driver wasn't fully in his lane because his lorry is too big and he was driving like a typical long distance; tea making, map reading, pot noodle eating (all while driving) HGV driver.

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DazLoczy

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Apr 12

Posts: 317

DazLoczy says:

Rogerborg...

Is right to question the 'media hype' element BUT what if this had been a car, a bus or another lorry? It would have probably equated to a head-on collision and I bet my last dollar that the authorities would have thrown the book at the driver and the "Lithuanian Operator". Need I say more than those last two words? In my 13 years of driving cars and 4 years of riding motorcycles I would estimate that 'foreign' truck drivers account for more than a third of lane swerving, ignorance and general dangerous driving that I have witnessed. The other week I was even witness to a HGV on German plates driving in the outside (fast) lane and I'm not mistaking it for one of these Luton vans either it was a Scania Euro 5 hauling a long soft-sided trailer. We should allow room for error for foreign drivers (as we would expect on the continent) but not from 'Professional' HGV drivers.

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