Legal Support From MW Solicitors

MW SOLICITORS A PEDESTRIAN NOT WEARING HI VIS. ARE THEY AT FAULT?

Philip Scarles from MW Solicitors answers your questions on personal injury incidents

The issue of whether a pedestrian who was not wearing hi vis should be contributory negligent when hit by a car was recently considered in the case of O’Driscoll v Bundred.

On 2 February 2017, at about 6.15pm, Mr O’Driscoll was walking along Broad Walk, Wilmslow, a suburban street. Carrwood Road is a minor road which joins Broad Walk from the north at an acute angle. The width of Carrwood Road at the junction is 37 metres. Mr O’Driscoll was walking west along the northern pavement of Broad Walk. As he was crossing Carrwood Road, a car travelling west along Broad Walk went past Mr O’Driscoll. Following that car, Professor Bundred driving in his Mercedes car turned right into Carrwood Road, on the incorrect side of the road, and collided with Mr O’Driscoll. Mr O’Driscoll suffered a serious head injury. Professor Bundred was convicted of driving without due care and attention. In Mr O’Driscoll’s personal injury claim, Professor Bundred admitted primary liability but alleged contributory negligence, one allegation being that Mr O’Driscoll was not wearing hi-vis clothing.

CCTV was taken from a house adjoining the junction. Mr O’Driscoll was wearing dark clothing. He reached the kerb, proceeded to cross Carrwood Road and took about 8 steps into the road before the collision.

Professor Bundred invited the Judge to draw the inference that Mr O’Driscoll must have known that cars were wont to cut the corner when turning off Broad Walk into Carrwood Road. This was not accepted, but in any event the Judge found that Mr O’Driscoll would have had no reason to suppose that a car would cut the corner anything like the extent that Professor Bundred did when the accident occurred. As to Professor Bundred’s speed, this was calculated by the police investigator at between 29 and 35 miles an hour. The CCTV showed that he was indicating right at the time of the collision, but there was no reliable evidence about when he started to indicate. The CCTV showed that the junction was illuminated by two street lamps and that Mr O’Driscoll was also illuminated by the lights of the car in front of Professor Bundred.

The Judge rejected Professor Bundred’s submission that Mr O’Driscoll failed to keep a proper look out. Mr O’Driscoll would not have expected to encounter any vehicle travelling from Broad Walk into Carrwood Road until he was approaching the centre line, by which time he was entitled to assume that he had right of way, as rules 8 and 170 of the Highway Code make clear.

The Judge also rejected Professor Bundred’s allegation that Mr O’Driscoll not wearing hi vis clothing was a contributory factor. He was undertaking a regular trip from his workplace to his parked car, walking along a pavement on a residential street. It would be a counsel of perfection to require him to wear different clothing.

The Judge therefore rejected all of Professor Bundred’s allegations of contributory negligence and gave judgment for Mr O’Driscoll for 100% of the value of his claim. Philip Scarles is a personal injury solicitor at MW Solicitors and has assisted many motorcyclists injured in accidents. Email: Philip.Scarles@mwsolicitors.co.uk or call 01732 758 544, or visit https://www. mwsolicitors.co.uk/motorcycle-injury-claims

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ARMR KUMAJI 2 Manny Fry tries out the ARMR Kumaji 2 Ladies’ jacket and trousers.

Ihave been testing ARMR Kumaji 2 Ladies black textile adventure/ touring jacket and trousers. This jacket has seriously sought after features, especially for its price point.

Let’s start with the outer layer: a 500DN nylon shell which provides great protection in case of an accident. Considering the level of protection, I was impressed by how soft the outer layer felt. It also has triple lock seam technology. Its threefold stitching makes it hard to tear, which is a good thing because I have an uncanny ability to break and rip things. The thermoline liner is removable, and it boasts a Humax waterproof breathable membrane.

In summer, when it was sweltering, I was pleasantly surprised at how cool I remained. Both jacket and trousers are fitted with CE approved impact protection. It claims to be waterproof, windproof, and breathable. It certainly is all of those. On hot days, I found it very breathable; the jacket has metal flaps that hold the panels open without the material flapping about in the wind. The trousers didn’t disappoint either. Made of polytech D600 fabric, they too have the robust triple-seam technology and a double quilted thermal liner that is detachable. I found the liner to be a bit shorter, so it was chillier by the ankles, but not unbearable. The braces are removable, and I quite like them.

The jacket comes in both male and female versions. Now for those female riders and pillions, this will apply to you. I know first-hand how hard it can be to find gear that fits your body. I have glorious curves, and so often I find that jackets and trousers are too tight at the hips. If you get them in a size bigger to accommodate said hips, you look like you are wearing a bin bag. This

jacket has adjustable cinch straps at the waist, which I love because it gives me an actual figure. It also has my favourite feature; three adjusters on the arms to help not only decrease draft and keep you warm, but it stops your arms from looking too big, which is ideal. Unless that’s what you are going for; if that’s the case, you do you,

girlfriend. The trousers fit well and also have the adjustable strap around the waist. I think the braces help with the fit. I also love the sleek allblack look with fluorescent yellow accents and Vision Tech reflective panels on both the jacket and trousers.

As for the jacket’s outer pockets, I would much prefer a more solid closing system like zips instead of durable Velcro to hold your contents. While the jacket kept me quite warm, I found that my chest still got a little chilly right towards to the neckline, but it was minimal. As for the trousers, I would have preferred if the liner goes down further. Also, the ability to cinch the legs a bit tighter like the arms would be ideal.

I have worn the jacket and trousers throughout the seasons since the summer. I even wore it while riding during cyclone Dennis where, along with pulling some interesting bike angle leans to stay upright, the gear stayed strong and true.

Although there is plenty of technology and many features, really I want to have gear that sets the bar in function, fit, and look. The Kumanji 2 by ARMR does just that.

The jacket comes in sizes 8-24 women’s and XS to 10XL men The jacket retails for £199 and the trousers for £149.99 You can get the kit at www.tri-motive.com and www.armr-moto.com