A motorcyclist who suffered serious damage in a crash has had his claim for leg injury compensation denied after a Judge decided that the accident was clearly his fault.
Nicholas Goad suffered a serious fracture of his right leg in the incident which occurred in June 2006. The accident happened when his high power motorcycle hit a tractor and trailer driven by Peter Butcher. The injury has left him with continuous pain and the threat of osteomyelitis (an infection of the bone) occurring.
His legal team claimed that the tractor had turned right into a field at a time when it was unsafe to do so and crossed into Mr Goad’s path. However, the tractor driver – Mr Butcher – claimed the bike was not in sight when the turn began and was travelling at considerable speed.
The Judge in the case at the High Court, Judge Richard Seymour QC had been asked to decide liability for the incident. He ruled last week that the accident was primarily caused by the excess speed of the motorcycle driven by Mr Goad. His decision was that the motorcycle was travelling well above the speed limit for the road and therefore would have been unable to stop in time. Mr Goad’s legal team argued that even if he had been speeding it did not mean he was negligent and responsible.
The Judge however threw out this argument and threw out the claim for compensation. Mr Goad will now not receive the six-figure settlement he was asking for.