Stephen Sim v. Strathclyde Fire Board [2010] CSOH 63

Proof:- In this action the pursuer sought damages from the defender for injuries suffered by him following an accident. On 23 April 2005 the pursuer was travelling south through the village of Blackridge on a motorcycle, with his son as a pillion passenger when, as he reached the crest of a hill as he left the village, he saw a fire tender travelling towards him on his side of the road and the motorcycle struck the offside of the tender and both the pursuer and his son were seriously injured. Here the pursuer claimed that the accident was caused by the negligence of the defenders' employee who was driving the tender at the time of the accident. Quantum of damages was agreed and the only issue in dispute here was liability. It was the defenders contention that the driver was not at fault and that the accident was caused by the pursuer, or, alternatively that the damages should be reduced because of the pursuer's contributory negligence. At proof the court heard evidence that the pursuer was travelling at excessive speed, was under the influence of alcohol at the time of the accident, his vision was blocked by the hill and it was likely he was racing a car. Here the court considered whether the driver of the tender was acting with due care and attention when he carried out an overtaking manoeuvre at the time of the accident and whether, to any extent, the driver of the tender could be described as being at fault and responsible for the accident.