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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.
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.