Buster Angus Stark v Tabitha Lyddon [2019] EWHC 2076 (QB)

On 29th August 2016, a road traffic accident occurred when the Defendant turned right, out of a car park, across the path of the Claimant’s motorcycle. The Claimant T-boned the Defendant’s car at the rear offside passenger door. The Claimant was thrown over the top of the car, and landed some way down the road, sustaining severe injuries to his right dominant arm, which removed all function in that arm.

It was agreed that cars exiting the car park had to give way to traffic established on the road, but were allowed to turn right from the exit. Some 130 metres from the car park exit, the speed limit on the road dropped from 40mph to 30mph. The Claimant had no memory of the accident, but had approached the scene in the eastbound lane. The Defendant’s account to the police on the day of the accident was that she had waited for traffic from her right to pass her at the exit, and had pulled out when “there was absolutely nothing” to her right. She then felt an impact behind her, almost at the rear seats. Her witness statement provided a similar, although more detailed, account.

CCTV footage of the collision showed the Defendant’s car slowing down to walking pace as she drove towards the exit. When she approached the Give Way lines, her brake lights came off and she accelerated gently and drove across the eastbound lane. The motorcycle, positioned in the centre of the road, came into view as the Defendant’s vehicle had reached the middle of the road. The Claimant then applied emergency braking, and the Defendant’s brake lights came on. The Defendant did not indicate her right turn at any point.

The parties’ accident reconstruction experts agreed on nearly all issues, including the following: the Defendant did not come to a halt or stop at the Give Way lines; the Defendant’s line of sight at the Give Way lines would have been 130 metres along the eastbound lane; her sightline when her vehicle was 2 metres from the Give Way lines was shortened to between 70 to 80 metres by a hedge; the Claimant’s speed at impact had been 55mph; had the Claimant been riding at 40mph, slowing down to 30mph as he passed the 30mph sign, he would have had sufficient time and distance to avoid the impact. There was also independent evidence from a motorcyclist who had observed the Claimant, to the effect that he was driving irresponsibly and far too fast.

September 15, 2019 В· Editorial Team В· Comments Closed
Posted in: Cases