Compo for bike crash on farm mud

Carrie at the scene of the crash

A young British woman who fell from her motorcycle after a farmer left mud on the road has been awarded £10,000 ($A21460) compensation for the crash and her injuries.

Malcolm Cummings, principal of Australian motorcycle advocates, Maurice Blackburn Lawyers, says there is a lesson in the British case for all road users that the road must be left in a suitable condition for all other road users, including vulnerable motorcyclists.

In the UK incident, then 16-year-old Carrie Dickinson crashed her bike on the mud near Doncaster in 2013. She was not knocked unconscious, broke her collarbone, suffered severe concussion and cuts and bruises.

Her lawyer alleged the farmer caused or permitted the country road to become or remain in a dangerous, defective condition, and a trap to anyone in that area; failed to fence, guard or warn the rider of the hazard; and failed to remove the mud, causing injury, loss and damage.

Mud at the crash location
Mud at the crash location

Malcolm says he cannot name any similar cases in Australia.

“But it may well have happened and the principals are exactly the same as defective roadworks,” he says.

Farmers, truck drivers, authorities and roadworks contractors who have an impact on the road surface have an obligation to leave the road in a safe condition for all road users.

“If mud or any similar sort of material is left on the road, it’s clearly foreseeable that that would be inherently dangerous for motorbikes in particular.

Malcolm has defended a case of a rider who crashed because of poor maintenance and is investigating another matter where slippery clay left on the road after roadworks caused a rider to crash.

“Obviously what may be safe for some road users may not be safe for motorcyclists,” he says.

While road users should take care to leave the road surface in a safe state, riders also need to exercise care around farms.

roadkill
Watch for the young bolters

On quiet country back roads, farmers are prone to leave mud, gravel, grain and livestock manure on the road.

Cow manure, in particular, can be very slippery and riders always slow down on a notorious stretch of the Mt Mee in Brisbane’s hinterland where dairy cattle cross the road and leave a slippery trail.

3 Comments

  1. That’s right on my doorstep, have you got the road name anywhere?

    I regularly find the local back roads caked in mud due to farm activities, and dutifully report such to the council’s obstructed roads team. They are more intereted in all the details of who reported it and need reminding to take details of where the problem is. But then the council has been in special measures for years and apparently sweeping roads is one of the few things they are trusted to do on their own.

      1. Thanks.

        That’s way out in to the marshlands, about as close to nowhere as its possible to get on our crowded little island. I think i would have died as a teenager living that far out without a motorbike.

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