Brenda Mitchell, specialist motorcycle and cycling Lawyer discusses case law, court decisions and why you should always choose your own Lawyer rather than be "appointed" one by your own insurer

1. Presenta(on
to
EK
RoADAR
May
13th
2015
Road
Traffic
Collisions
and
Civil
Law

3. Road
Traffic
Law
• Criminal
Law
• Civil
Law

4. Civil
Road
Traffic
Law
• Duty
of
care?
• Appor(onment
of
blame?

5. Smith
v
Bluebird
Buses
(2014)

7. • 85%
-­‐
Pedestrian
• 15%
-­‐
Bus
Driver
Result

8. Paramasivan
v
Wicks
(2013)

9. S
H
O
P
S
P
A
V
E
M
E
N
T
N

10. Result
• 50%
/
50%
• Reduced
75%
Boy
/
25%
Driver

11. Cray
v
Botwright
(2013)

12. Arnot
v
Sprake
(2001)
Motorcyclist
100%
to
blame

13. NFU
v
Adam
Russell

14. Reac(on
(me

15. Lady
Stacey
Driver
100%
to
blame

16. Adam
Wagner

17. Adam
Wagner

18. Adam
Wagner
v
Thomas
Grant
and
another
• 60%
Driver
• 40%
Motorcyclist

21. How
much
room
would
you
give
a
cyclist?
A. This
much?
B. The
width
of
an
open
door?
C. As
much
room
as
you
would
a
car?

22. Highway
Code
Rule
163

23. Don’t allow your insurers to appoint a
Solicitor.
Come to a Specialist.
Law
is
about
common
sense

24. www.motorcyclelawscotland.co.uk
www.facebook.com/motorcyclelaw
www.twitter.com/motorcyclelaw1