A motorcyclist who was injured after crashing into the back of a vehicle performing an emergency stop for ‘no reason’ in May 2016 has been awarded a total of £47,000 in damages.
A sheriff in the All-Scotland Personal Injury Court ruled that the driver of the car, Lisa Smith, had braked suddenly because she had felt ‘apprehensive’ at the sight of the motorcycle approaching behind her vehicle and was entirely at fault for the accident.
The pursuer of the case, Leslie O’Donnell, was an experienced motorcyclist and had been 50-60 metres behind the car when Ms Smith performed an emergency stop. Ms Smith’s sudden brake caused an unavoidable collision of Mr O’Donnell’s motorbike with the rear of Ms Smiths’ then stationary car.
As a result, Mr O’Donnell sustained fractures to his right wrist and knee, requiring hospital treatment in Scotland. On his return to his home in Ireland, his wife had to care for him for several months following the accident.
The pursuer raised an action for damages over the first defender’s ‘negligence’, seeking £46,000 plus £3,500 for care services provided by his wife and £2,200 for the cost of replacing his damaged motorcycling equipment.
The defender had failed to prove ‘contributory negligence’ on the part of the pursuer.
The sheriff ruled that Smith was in ‘breach of her duty of care’ to the motorcyclist and other road users and that her negligence was the cause of the accident.
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