Articles

Before Mr Recorder Christopher Gardner QC sitting in the Exeter County Court on the 27th March 2009.

 

Bryan Thomas of Civitas Law, Cardiff, instructed by Matthew Sheather of Gillakaster, Plymouth for the Claimant.

 

T was an experienced and careful motorcyclist who had no previous accidents, no speeding or other motoring convictions. He was aged 31. P was employed at Devonport Dockyard, Plymouth. He had insurance.

 

Shortly before 7.00am on the 15th December 2006 T rode his Kawasaki motorcycle with a pillion passenger along Keyham Road, Plymouth which had a 30mph speed limit. He estimated his speed to be 25mph. As he approached the traffic lights on Keyham Road they were showing red and he began to slow down. The lights were easily observable as there were also traffic lights in the centre of and above the road. There was a signal controlled pedestrian crossing. As he was slowing down the lights changed to amber and then green. At the point when the light changed to green T went through the lights. P approached the signal controlled crossing from T’s right-hand side, he was going to work in the dockyard. A pedestrian was waiting to cross and 2 vehicles crossed in front of P (opposite direction to T) immediately before he began striding across the road into the path of T. T attempted to brake at the last minute but was unable to avoid colliding with P. The motorcycle then struck a wall to the left before careering down Keyham road on its side and bursting into flames. T and his pillion passenger suffered severe injuries.

 

P initially told the police he had no real recollection of the accident. Subsequently he provided a statement to his insurer and served a Defence and Amended Defence asserting a positive case that the green man was showing in his favour. He also brought a counter-claim against T.

 

On counsel’s advice the Claimant’s solicitors contacted the Highway Authority and obtained details of the sequence and timing of the lights which were then incorporated into the trial bundle as an agreed document. Those advising T knew this was important as it became unchallenged evidence of its contents, see CPR 32PD27.2. At trial it was alleged that T failed to keep a proper look out and should have been anticipating a pedestrian crossing even though the red man was showing. P said in evidence that he had crossed against the red light on earlier occasions and under cross examination he admitted that it was dangerous to do so. P had offered 75% of the damages prior to trial which had been rejected. Mr Recorder Gardner QC concluded that: