Biker wins payout after OAP steps into road

[yambabe]

Hmm, this could be a useful precedent?

Payout for biker who knocked OAP down
JOHN ROBERTSON
LAW CORRESPONDENT
A PEDESTRIAN was ordered yesterday to pay £184,728 in damages to a motorcyclist who knocked her down on a Shetland road.

Margaret Halcrow, 60, who has insurance to cover the award, was held by a judge to have caused the accident by stepping in front of Amy Ratter's motorcycle.


Ms Ratter, 30, lost control and was thrown from the machine and knocked unconscious. She fractured her left forearm and her collarbone, and dislocated her wrist. The Court of Session in Edinburgh heard that the collision happened in October 1998, on the A970 Lerwick to Sumburgh road.

Ms Ratter, of Foula, Shetland, an experienced motorcyclist, was riding her Yamaha 350cc at about 60mph, the limit for the road, when she saw Ms Halcrow as she walked through an embankment on a track towards the road.

Ms Ratter said she expected the pedestrian would stop when she reached the verge and wait until the bike passed. However, she walked into the road and into the path of the bike.

Ms Ratter veered to avoid a collision, but was struck on her left arm and thrown from the bike. Ms Halcrow, of Cunningsburgh, Shetland, who was less seriously injured, denied liability.

The judge, Lord Hardie, said: "I accepted [Ms Ratter's] version of events ... expert evidence supported her account, and 60mph was a safe speed for the prevailing conditions.

"It was not reasonable for her to anticipate Ms Halcrow would continue into the path of the motorcycle. In my opinion, the accident was caused by the sole fault of Ms Halcrow."

The judge awarded Ms Ratter £13,780 for her pain and suffering and the value of the bike, and the rest of the damages was to cover her loss of wages since the accident and in the future.

This article: https://news.scotsman.com/scotland.cfm?id=2343112005
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Sod falling in love, I wanna fall in chocolate.

[pipnet11]

Nice to know that sometimes the justice system works correctly
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I love the girls that do, I hate the girls that dont, I hate the girls who say they will and then they say they wont, but the girl I like most of all and I think youll say Im right, is the girl who says she never has but looks as though she might. - Max Bygraves

[Mister James]

Bodes well for Mister James!


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>Soultrader Mister James, I bet you are a copper
>Bazza Wow. Eyes like a shithouse rat, you...

[anders]

Good to know!

Silly oap!
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Call me Mr. Blobby

[distortion]

Very interesting reading ..... but ..... i read this bit and thought hmmm .......

'Margaret Halcrow, 60, who has insurance to cover the award'

Now im guessing thats some kind of public insurance

What would happen if the person didn't have insurance to cover the award ???

[IronMaiden]

Very interesting post.
Makes one think what the outcome would have been had the 60 yr old lady been killed?
Hopefully the rider would have still been found innocent as the old lady was negligent in stepping out in her path like that when it was clearly not safe to do so

[loply]

Most peoples home insurance covers them for public liabilities of this kind.
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Yamaha SZR660 Caution to the wind, the throttle pinned!

[mchaggis]

I don't think the outcome would necessarily have been the same had it been a male rider, but that's just me being a cynic.
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I must not be a troll...
Mmmm, Guinness
Discovering the delights of Hammerite and a 3/4" brush.

[McGee]

Im Actually with you on this one haggis Or if the old woman was a different race.
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Its pronounced Jixxer!