The owner of a motorcycle was not liable for personal injuries sustained by the rider of the vehicle when it was involved in a road traffic accident as, on the evidence, the injured person and not the owner had been driving at the time of the accident.
HELD: On the day of the accident, T had been drinking much more than he had admitted and it was highly likely that he had been unfit to drive. Having arrived at the pub, he had met G and asked to ride the motorcycle. He had been given permission by G to take it onto the road and had left the pub riding the vehicle alone and driven a route which had taken him from west to east. As he had approached a bend in the road he had lost control, probably as a result of the influence of alcohol and his lack of any recent experience of riding a powerful motorcycle, and collided with the kerb and a brick wall. At the time of the accident, G had been at the pub from where he had been given a lift home and had falsely reported his motorcycle as having been stolen. In reaching that conclusion, the evidence of the witnesses who had placed G at the pub throughout was accepted. The evidence that there had been no-one else at the scene immediately after the accident and that G had suffered no injury was also compelling. T's claim failed accordingly.
Judgment for defendants
 EWHC 3133 (QB), LTL 8/1/2009
PERSONAL,INJURY,FINDINGS OF FACT,ROAD TRAFFIC ACCIDENTS,RTA,LIABILITY,IDENTITY,DRIVER
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