Biker who hit truck wins $700k when appeal reverses fault

This may seem a bit crazy at first but read what the truckie did and you might agree with the judgment. I got caught in exactly the same way myself once but I was in a car so came to no harm. The car was significantly damaged, however. Moving first left and then making a right turn is needed to get a long vehicle around a corner but the left turn can mislead other road users into thinking the way ahead is clear. Truckies should stop and look a bit before swinging back right

A MOTORCYCLIST severely injured in a collision with a semi-trailer has been awarded more than $700,000 in damages after a successful appeal. John Shaw sued David Andrew Menzies and Suncorp Metway Insurance after a collision at the intersection of Balham and Granard Roads at Rocklea, in Brisbane's south, on May 12, 2006.

Mr Shaw was taken to hospital where he was treated for a burst fracture at C5 on his spine, a fractured right leg, lacerations and abrasions.

After a trial in the Supreme Court in Brisbane a judge found Mr Shaw was 70 percent liable for the accident and Menzies 30 percent. However, Mr Shaw appealed both the findings on liability and quantum of his damages award.

In a written judgment released Tuesday, the Court of Appeal, made up of Justice Margaret White, Justice Margaret Wilson and Justice Peter Lyons, allowed the appeal. They found Mr Shaw should have been held only 25 percent liable for the accident, reduced from 70 percent.

"It is clear the defendant carried out a manoeuvre which involved first moving to his left and then back to his right before the turn. It is likely that manoeuvre to the right would be misleading to a person in Mr Shaw's position, as to the defendant's intention," the Court wrote.

The Court of Appeal found total damages at $944,557 but reduced it by 25 percent to reflect contributory negligence. The Court ordered Suncorp Metway pay Mr Shaw a total of $708,418.


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