Interesting Read.

Well who would have thought he would have won that case. I hope that any motorcyclist in similar situations get the same treatment. I know my mate did not. He was following a car when an ambulance appeared coming in the opposite direction. There were no other cars on the road but the car driver did an emergency stop. He was kind of lucky that he only broke his leg, could have been a lot worse.
Wessa

 

Good piece! Thanks

 

A good sensible ruling by the sheriff in this case, would it apply outside Scotland though?

 

Good question.....

The basic rule on these things in English and Scots common law is res ipsa loquitur which is Latin for ‘the thing speaks for itself’ - cars should not be on pavements, run into the vehicle in front etc.

The effect is to change the burden of proof. In other words it is up to you to prove that you were not responsible in a situation when it would otherwise appear that you were. If you were demonstrably following at a safe distance but the leading driver jams on the brakes.....

Frankly, it is a bit of a quirky decision and most of these things turn less on the law than on the evidence you can produce. The victim here was clearly able to bring independent evidence about erratic driving and who caused the collision on an otherwise clear road.

I bet the little old lady was still convinced the bikers were looking for chickens to bite their heads off......

 

Sounds like the accident we witnessed at Dunoon on the Forum Scottish trip last summer. Followed two bikes off the ferry for four miles or so through Dunoon at strictly observed 30mph, behind a Mercedes. When it turned to 40mph the Mercury carried on at 30 so the lead bike decided to overtake. Did his lifesaver and as he looked back forwards the Merc inexplicably, without indicating turned right into a dirt track.

Bike T-boned Merc and biker very badly injured as he flew over the top of Merc.

Spoke to insurance adjuster (ex-Plod) for Merc driver couple of weeks back and he said his recommendation would be that it was Merc’s fault as he should have known there were bikes behind.