Motorcyclist loses compensation fight
David Brown, of West Littleton, held his head in his hands as top judges came to their conclusion that the driver of a car involved in the accident could not be blamed.
It means that, despite suffering serious leg injuries which have damaged his earning capacity, 58-year-old Mr Brown will not receive any damages.
Mr Brown was injured at around 10pm on December 9, 2004, at the junction of the A420 and West Littleton Road, in Marshfield, as he was turning right on his 400cc Honda motorcycle.
He sued the driver of the BMW which collided with his bike, but a Bristol County Court judge last year cleared Dr Terry Paterson, who lives in Bath, of any responsibility for the accident.
Dr Paterson said that Mr Brown turned across his path without any warning, and he could not help but hit him. However, it was Mr Brown's case that it was obvious he was about to make the turn.
At the Court of Appeal, lawyers for Mr Brown accepted that the rider was partly responsible for what happened.
But barrister, William Audland, for Mr Brown, said that judges should find Dr Paterson 50 per cent to blame for the crash, which occurred in the "pitch black" conditions.
Mr Audland argued that Mr Brown was in a hatched area for turning when the accident happened, and Dr Paterson was in breach of the Highway Code by not stopping.
He also said that an independent witness - a university lecturer who was on a bicycle - had given evidence to support Mr Brown's account.
After listening to legal argument, Lord Justice Richards, sitting with Lord Justice Mummery and Lord Justice Rimer, said there had been no breach of the code, and there was "no indication Mr Brown was doing anything but going straight ahead".
"Looking at the evidence as a whole, I have no hesitation in rejecting submissions that Dr Paterson ought not to have overtaken," said the judge.
The court heard that Mr Brown suffered a head injury, fractures to his right ankle and ribs, a soft tissue injury to his right knee, as well as soft tissue injuries to his neck and right shoulder.
He continues to suffer pain throughout his right hand side, and has undergone a number of operations to try to ease his problems.
