£1 million compensation claim by Isle of Wight biker

[llamedos]

A MOTORCYCLIST from the Isle of Wight, seriously injured when his bike crashed into a tractor, has launched a £1 million compensation claim at London’s High Court.

Warwick Buswell, 44, of Shamblers Road, Cowes suffered multiple injuries, including a severe head injury, in the collision on Newport Road on July 24, 2011.

The tractor driver, a farm contractor, was not insured according to Mr Buswell’s counsel, John Foy.

As a result Mr Buswell has claimed for a payout from the Motor Insurers’ Bureau (MIB), the industry body which compensates victims of uninsured drivers.

Mr Foy said Mr Buswell rode over the brow of a hill, travelling at around 60 mph, when he was confronted by a large tractor, pulling a trailer which was 'completely blocking’ the road.

He was unable to either manoeuvre around the tractor or stop in time and Mr Foy argued the tractor driver had used an inappropriate farm exit as there were other, more suitable exits, that did not pose a risk to other motorists.

He said: "Mr Buswell’s case is that it was not apparent this was a place where traffic might emerge onto the road and he did not know it was a place where that might happen.

"His case is that this was obviously an unsafe place to exit the field and that there are a large number of alternatives which would have been safer."

The MIB is fighting the claim, insisting that Mr Buswell was at least partly responsible for the crash. They contend that he was either travelling too fast or failed to stop in time after seeing the hazard.

The hearing continues.

 

[multi power]

Has Mr buswell missed the bit in the highway code stating that you should drive in such a manner that you can stop in the clear space you can see ahead of you?

 

[Dan7626]

Just because the speed limit on a stretch of road may be 60mph, doesn't always mean it's safe to do that speed.
If some of the bikers around here are anything to go by then the speed limit doesn't apply to them.

 

[Roger Perry]

A driver came thru a junction illegally and slammed into my daughters car a few years back, totaled out her car, lucky to walk away but insurance held her partially responsible.....for what reason..........for being there..!!

 

[GTB]

From what I've seen of organ donors (motorcyclists) on the A44 and A487, especially on Bank Holiday weekends I'm amazed more of them don't get killed.
I agree with others above, you should never assume there's a clear road on the other side of a brow or bend. And I bet he was doing over 60 mph too!

 

[Frodo]

I never understand why they don't claim on their own insurance. The motorcyclist will obviously need support following this accident and it seems unnecessary for all parties that they have to go to court, attribute blame and pay huge legal costs.

 

[S J H]

60mph over the brow of a hill #thinkbike

 

[capfits]

Am I missing something here?
No one has questioned why the contractor was not insured? Bearing in mind that HSE expects you as the commissioner of works on your property to ensure Health and Safety what could be the consequences if the actions of the contractor in question are more widely repeated?
Sure some motorcyclist behave like the road is a one way scaletrix track but being uninsured on the roads.....?

 

[GTB]

Am I missing something here?
No one has questioned why the contractor was not insured? Bearing in mind that HSE expects you as the commissioner of works on your property to ensure Health and Safety what could be the consequences if the actions of the contractor in question are more widely repeated?
Sure some motorcyclist behave like the road is a one way scaletrix track but being uninsured on the roads.....?

Fair point.

 

[johnb5555]

I quite agree he should of been insured.
What do they mean by suitable exit, one in the same field or one four fields away.

 

[S J H]

Am I missing something here?
No one has questioned why the contractor was not insured? Bearing in mind that HSE expects you as the commissioner of works on your property to ensure Health and Safety what could be the consequences if the actions of the contractor in question are more widely repeated?
Sure some motorcyclist behave like the road is a one way scaletrix track but being uninsured on the roads.....?

He should have been insured and I think he should be punished, but the biker wasn't riding to the road conditions. Would he have been awarded the same compensation if the farmer was insured?

 

[llamedos]

60mph over the brow of a hill #thinkbike

those adverts grind my gears, should read #bikerthink

 

[S J H]

those adverts grind my gears, should read #bikerthink

Especially when they come from nowhere scaring the shite out of you,

 

[Henarar]

Am I missing something here?
No one has questioned why the contractor was not insured? Bearing in mind that HSE expects you as the commissioner of works on your property to ensure Health and Safety what could be the consequences if the actions of the contractor in question are more widely repeated?
Sure some motorcyclist behave like the road is a one way scaletrix track but being uninsured on the roads.....?

Yes he should have been insured but that don't make it his fault its just a bit off paper and wouldn't make any difference to either party's driving

 

[Brisel]

Has Mr buswell missed the bit in the highway code stating that you should drive in such a manner that you can stop in the clear space you can see ahead of you?

Case dismissed! We wish!

Whether or not the contractor was insured (why not?) is immaterial. The biker was riding beyond his abilities & the laws of physics. Unless some of his injuries were caused by the tractor running over him, this speaks volumes about his abilities to stop in the distance he could see to be clear as it suggests a high speed at the point of impact.

Why is the field exit an issue? Was the tractor emerging from the field at the time of the collision? I fail to see the relevance to the case if the tractor had already joined the road.

Whilst I don't wish Mr Buswell any harm, I do object to taxpayers' and insurance payers' funds being used for this case. Still, I doubt all the facts were in the OP.

 

[Grassman]

So if a woman pushing a pram in the road was in his way he could run in to her and she is at fault because he didn't expect her being there.
This sodding modern "where there's blame there's a claim" mentality is getting out of hand.

 

[fudge]

I'm sure everyone has sympathy for this rider and of course an insurance payout should meet his needs. But why don't motorcyclists in general ride more defensively on country roads? As others have said surely it is unreasonable not to expect obstructions round blind bends etc.

 

[Yale]

Was he in a hurry to get somewhere......probably not......just on a jolly.

 

[Fiacre]

Don't forget that the Motor Insurers' Bureau is funded by those of us who do pay our insurance premiums to compensate for accidents caused by those who don't.

 

[GTB]

I'm sure everyone has sympathy for this rider and of course an insurance payout should meet his needs. But why don't motorcyclists in general ride more defensively on country roads? As others have said surely it is unreasonable not to expect obstructions round blind bends etc.

I'm afraid I don't have much sympathy with the motorcyclist. From what I see on a regular basis most of them have little regard for their own safety or that of others. There's one killed or injured in Wales nearly every weekend, probably more than one every bank holiday weekend.