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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

Joined:

Aug 09

Posts: 2699

MarcusMarsh says:

Blame

This was always going to be a post that drew a lot of stong opinion. And understandably so. But, there simply isn't enough information in the press reports for us to really understand the mechanism of the accident.  So we really do not know where the blame lies.  Whether it is by bad fortune, bad driving, poor road positioning or poor legal representation Robert Whiteford has been well and truly hard done by and my sympathy lies with him.  I hope that he manages to overcome his injuries and can get on with the rest of his life.     

[This Reply has been modified by the Author]

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Valko

Joined:

May 12

Posts: 127

Valko says:

"It has also been accepted by all parties that the lorry was too wide for its side of the road and when cornering at the time of the collision was over the white centre line"

Ask yourself why the lorry was over the white line - tne answer is there: the road was too narrow, if you have driven in Europe you will see that UK roads are unsafely narrow, so narrow that some times 2 lorrys cannot pass in both directions or in this case the right wheels of the lorry are on the banket and the left ones crossing the white line. Probaly whoever build and support the road should go to court and be liable too?

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supershunter

Joined:

Dec 10

Posts: 1

supershunter says:

THE POINT SHOULD BE THAT THE BIKE WAS IN THE CONFINEDS OF HIS LANE AND THE LORRY WAS NOT. THIS SHOULD BE A NO BRAINER

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JonWilmer

Joined:

Jun 04

Posts: 9

JonWilmer says:

Driving Standards

According to the QC "(it) was wrong to impose so high a standard of driving on the man behind the wheel" So what standards should we expect from a professional driver with a 40 tonne truck then? He also stated "The collision occurred for one reason and one reason only, and that is because the claimant was driving right close to the centre". Nothing to do with the lorry encroaching onto his side of the road then? This is a disgusting decision and may have repercussions for all of us: Next time an oncoming car overtakes a parked car and hits you, will it be your fault for not moving over to the left. And when you are passing a parked car and the driver opens his door into your path, will it be your fault for not moving over to the right? Oh yeah, I forgot, if I get involved in any accident it must be my fault for riding a bike in the first place. If only I had chosen to conform to the norm and bought a cage instead... This mentality of "Transfer of Responsibility" to the VICTIM, just because they ride a bike, has got to STOP. NOW.

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Eddy998

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Oct 06

Posts: 580

Eddy998 says:

ABSURD

decision by the judge in this case. This has got to be appealed and put right. Also, how the rider's lawyer allowed him to admit that he was partially liable is beyond me. This has obviously been a big factor in this judgement. An immediate appeal has to be lodged by someone competent, not the riders original lawyer, who can hardly be described as competent, for this matter to be put right now. If not, it sets a very dangerous precedent. The whole case seems to be a catalogue of errors on the part of the claimant. He has been very badly let down by his lawyer and the judge in this case-

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tuonoboppa

Joined:

Jan 09

Posts: 2

tuonoboppa says:

new layout

why is there nowhere to just have a general chit chat on biking matters. could we be worried about criticism of the new layout which is pants in my opinion

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kegsy39

Joined:

Oct 02

Posts: 8

kegsy39 says:

wrong wrong

How can they say he was riding to near to the middle of the road when thats his space, what if he was also driving a lorry what would happen then? lorrys are to wide?, the solicitor representing the bike rider should be sacked, what a muppet suggesting he take a portion of the blame. Shame on the legal justice.

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bigjames

Joined:

Oct 02

Posts: 51

bigjames says:

Do what?

It's expecting too much of a professional truck (lorry) driver to stay on his own side of the road, but a motorcyclist is supposed only use just enough of the lane as needed to allow someone else to use said lane because they were unable to maintain their own? That is the sort of case law that can stay on your side of the Atlantic. Here in the US, a lawyer would not even attempt to use that logic if he wanted to continue practicing law. Shameful, if he is unable to win that on appeal, there is no justice for motorcyclists in that jurisdiction. That judge needs to be removed from the bench, IMHO.

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Ralinoco

Joined:

Nov 08

Posts: 53

Ralinoco says:

Jollyboy

Yep, I read it again as you suggested and my argument still stands! Regardless of whether he said he was in the wrong position on his side of the road it is still not rght to put another vehicle in danger by coming out of your lane!

I suggest you read the Highway Code.

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bob the builder

Joined:

Feb 03

Posts: 197

Too close to the white line????

Follow any police or IAM motorcyclist and they take the widest lines through corners, thats what they are told, and tell us.

It`s so you can see more of the road.

This is just a disgrace to say the biker was at fault.

Shame on the legal system.

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