M v S (Fatal road traffic accident involving a motorcyclist and a lorry)

The Deceased was a young father, who was riding his motorcycle to work in the outside lane of a 30 mph, urban dual carriageway. He lost his life when the Defendant’s HGV moved from the nearside to the offside lane and there was contact.

There was CCTV footage from nearby buildings and a detailed Police forensic collision investigation report. Additionally, both the Claimant and the Defendant had obtained and disclosed reports from Accident Reconstruction experts.

Despite all the evidence, the parties remained diametrically opposed. Foreseeability, visibility, and blameworthiness were all being vigorously contested. The volume of evidence was sufficient to proceed to trial, but the parties agreed to refer to Independent Evaluation to avoid the costs and delays of litigation.

It was common ground that prior to the accident the Deceased had been driving in excess of the speed limit, but the range of speed remained wide at between 60 and 80 mph. The Defendant’s driver said that he did not see the motorcycle approaching. There were disputes as to whether the Defendant’s driver had looked in his mirrors carefully enough or at all, and also whether the motorcycle would have been readily visible because of its size, speed and distance at the precise moment that the Defendant’s driver should have looked in his mirror. Ultimately, there were disputes as to whether the Defendant’s driver had been negligent and whether any such negligence was causative, and also the causative potency and blameworthiness of the Deceased’s riding.

The Evaluator was able to provide the parties with detailed forensic analysis based on the likely finding at trial of the Deceased’s speed and timing of the movement of the Defendant’s HGV.

Crucially for the Bereaved, the Evaluator was able to deliver these findings compassionately and privately.

Having provided his Evaluation, David Pittaway QC, was able to facilitate resolution of the claim that ensured the bereaved recovered more than they would at trial and their legal costs were settled and that the Defendant got closure on an economic basis. In addition, the Evaluation can be used for the difficult matter of Approval of the award for the bereaved child.