In a case which illustrates just how difficult it can be to piece together with hindsight events which took just seconds to unfold, a scooter rider whose leg had to be amputated after he was crushed between two vehicles at a busy junction has failed to convince the Court of Appeal that he was a victim of negligence.
The rider was caught between a tourist bus and a car within moments of moving away from traffic lights in Central London. His legal team argued that both drivers were negligent in failing to keep a proper lookout and that they had caused the accident which necessitated a below-knee amputation.
However, his substantial damages claim was rejected by a judge, who found that he had probably been positioned in both drivers’ blind spots and that neither had seen him at the lights. The bus driver had wisely taken a wide sweep when entering the junction and the car driver had also used reasonable care.
In dismissing the rider’s appeal, the Court noted that it was for the judge to evaluate the factual evidence. Even had the drivers seen him, they would have been entitled to assume that he would hold back as they negotiated a sharp left-hand turn. On the evidence, both drivers had rightly been exonerated.
For expert legal support if you have an accident or injury and need to claim compensation, contact us.