NewLaw wins £100,000 payout for badly injured motorcyclist

John McIntosh, represented by NewLaw Scotland, was involved in an accident on 11 June 2013 whilst travelling to work. He was riding his Yamaha 850 cc motorcycle on an unclassified road when he encountered a Mercedes HGV on a bend.

As the pursuer approached the bend, the HGV, driven by a Mr Thomson, was encroaching over the midpoint of the road, leaving the pursuer insufficient space to safely pass by the HGV. The pursuer required to take evasive action, which resulted in him being thrown from his bike and a fire ensued destroying both vehicles.

Mr McIntosh fractured his left ankle, which required to be fused, his right wrist, he also suffered numerous soft tissue injuries and developed psychological injuries. He was unable to return to his pre-accident role and was permanently disadvantaged on the labour market. Quantum was agreed at £100,000 before the proof.

Advocate Ross Pilkington was instructed by NewLaw Scotland and after an eight-day proof the Sheriff found the accident was wholly caused by the fault and negligence of the HGV driver.

Sheriff Mackie concluded: “There was insufficient road space for the pursuer to pass the lorry safely due to the road position adopted by Mr Thomson. Had the lorry been driven with its nearside’s wheels hard against the nearside verge there would have been sufficient room for the vehicles to pass each other safely.”

It was held the pursuer was travelling at a safe speed and was correctly and reasonably positioned on his side of the road, approximately 1 metre from his nearside verge. The court did not accept Mr McIntosh had contributed to the accident at all.

Kirsten Morrison, head of the motor department at NewLaw Scotland said: “This case represents a significant victory not just for Mr McIntosh but for all motorcyclists. Rarely does a court find in favour of a pursuer without making any deduction for contributory negligence. We are delighted that after four-and-a-half years of hard work, we were able to get this fantastic result for Mr McIntosh to allow him to now move on with his life”.

Photo credit: By Arrivisto - Own work, CC BY-SA 4.0