Examples of case law involving speed

If you are found to be speeding, this does not necessarily mean that you cannot make a claim but it can result in a reduction of the compensation award that you may receive.

Witnesses will often make assumptions about speed based on what they have heard rather that what they have seen. You therefore need to instruct a solicitor who can effectively challenge any evidence of speed that has been raised against you. Call us on 01784 682 682.

Some examples of case law* involving speed are:
*Please remember that no two cases are exactly the same, each case is unique and is based on it’s own set of circumstances and available evidence.

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Ridge v Eden Springs 2012


Summary

The Claimant, a motorcyclist, was riding along a single carriageway which had a 40mph speed limit, when he overtook an articulated lorry. The carriageway was separated by a hatched area bordered by broken white lines. The Claimant overtook the lorry by crossing into the hatched area. The Defendant, a van driver, pulled out from a junction intending to turn right. The Claimant came upon the Defendant and braked but couldn’t avoid a collision. The Claimant maintained he had been travelling at 50mph and the Defendant maintained the lorry had been 60m away when he pulled out into the junction thinking he had enough room/time to complete his manoeuvre.

Decision

It was decided the Defendant should have waited until he had enough room as the size of the lorry blocked his view of any vehicles that may have been overtaking the lorry. The Claimant was aware of the junction because of the hatched area and knew it was not safe to overtake. It was found that the Claimant had been travelling at 60-70mph. The Claimant was found 80% liable and the Defendant was found 20% liable.