A motorbike rider has been awarded £100,000 after a Dundee lorry driver caused his bike to go up in flames in a “fireball” crash.
John McIntosh, 44, was travelling to work on his Yamaha 850cc bike to work at Mackie’s Ice Cream Factory in Rothienorman when he was involved in a collision with a lorry driven by 33-year-old Craig Thomson.
The motorcycle was on its side as it slid underneath the front of the lorry’s cab, with a fire engulfing and destroying both vehicles.
The court heard Mr McIntosh suffered physical and psychological injuries and suffered financially.
The incident led Mr McIntosh to pursue claims against Mr Thomson and his insurer Aviva through the personal injury courts seeking £100,000.
Sheriff Kathrine Mackie ruled that Thomson was at fault.
She added: “The accident occurred when the pursuer was confronted by the lorry driven by Mr Thomson, effectively blocking the road ahead and leaving him insufficient road space to pass the lorry safely.
“Had Mr Thomson adopted a position on the road whereby his nearside wheels were close to his nearside verge, the accident would not have occurred.
“A safe speed for Mr Thomson, on approach to a bend with a restricted view, was about 20mph.
“Had he approached the bend at that speed with his nearside wheels close to the nearside verge, the pursuer would have been able to pass safely even if travelling at up to 40mph.
“The pursuer was correctly and reasonably positioned on his side of the road travelling at about 30mph.
“He reacted by applying emergency braking and parting company with the motorcycle.
“Had he not done so, it is likely that a much more serious and possibly fatal accident may have occurred.
“The accident occurred as a result of the fault and negligence of the second defender (Thomson) by failing to drive at a safe speed and keep his lorry in a safe position on the road to allow other road users such as the pursuer to pass safely.
“I do not accept that the pursuer contributed to the accident.”