Beasley v Alexander

A motorist who turns across the path of an approaching motorcycle is negligent where he fails to make a proper observation before manoeuvring. A motorcyclist’s excessive speed amounts to contributory fault only if it causally contributes to the accident or injury. Where the accident would have occurred, and serious injury would have resulted, even at a safe speed, the allegation of contributory negligence fails.

The claimant, a motorcyclist, suffered severe injuries when the defendant turned his car across the claimant’s path while leaving a queue of traffic on the A453. The claimant had been overtaking the stationary or slow-moving traffic at approximately 45 mph. The court determined liability only, considering whether the defendant had driven negligently and whether the claimant’s speed amounted to contributory negligence.

1. The defendant was negligent. He turned across the road immediately after an approaching vehicle had passed and failed properly to check his mirror. The evidence indicated that he assumed the passage was clear and moved suddenly across the claimant’s path.

2. The claimant was travelling at approximately 45 mph. That was somewhat too fast for the circumstances, although the court considered that any excess over a safe speed was modest. A speed of 35 mph could not be criticised.

3. The claimant had only about 1.5 seconds to react after the defendant began the manoeuvre. The evidence established that he had no real opportunity to avoid the collision and could reduce his speed only slightly.

4. The allegation of contributory negligence failed. Even if the claimant had been travelling at the identified safe speed of 35 mph, the accident would still have occurred and he would still have sustained serious injury. The excessive speed therefore did not causally contribute to the relevant loss.

5. The court considered the analogous reasoning in Davis v Schrogin [2006] EWCA Civ 974, where excess speed was immaterial because it was not causative of the collision.

6. Judgment was entered for the claimant, with damages to be assessed.