News
Reduced compensation attempt for no Hi-viz
Insurance providers Churchill have taken flak over the case of a pedestrian severely injured by a motorist who struck her at night on a grass verge. Churchill’s lawyers, operating on behalf of the driver, argued that the pedestrian should have been wearing Hi-viz clothing and that their pay out should therefore be reduced.
The following is extracted from Churchill’s public statement.
We are acutely aware of the public interest in the case of Bethany Probert. We have accepted that our insured driver was largely responsible. In Bethany’s case, we made an initial payment for rehabilitation and care, followed by further interim payments. All such requests received to date have already been settled in agreement with Bethany’s representatives, with payments to date amounting to £200,000. We are concerned to learn that Bethany and her family are suffering hardship, so we have been in contact with her representatives, requesting further details in order to ensure Bethany receives the level of care she needs until the appeal process concludes. Determining the share of
responsibility for the contributory factors in an accident is an important part of the legal process that exists to establish the fair amount of
compensation. The Court of Appeal will consider whether or not the initial trial judge was correct in finding that the driver was entirely to blame for what happened. We always honour our obligations and pay the compensation that we should. The insurance industry has a
responsibility to make sure that insurers pay everything they should in a claim, as well as a responsibility to other policyholders that insurers pay no more than they should.
The latest from Churchill In response to media coverage, Churchill provides an update on the Bethany Probert case. Churchill has previously accepted that its insured driver was largely to blame for the accident, but we did not accept that our driver was 100% liable. We have now reached an
agreement by consent from both parties, subject to court approval. Churchill has already paid almost £1 million to Miss Probert to continue to help her rebuild her life and will continue to work with her legal advisers to agree how much compensation should be paid in final settlement of her claim.
Road comment; the high-viz obsession has to be challenged wherever it appears. This is looking like a battle won but the war looks set to run for a while.
Signs to beat SMIDSY excuse
A road sign that lights up to warn drivers of approaching motorcyclists at T-junctions could save lives.
Matt Innes, a University of Brighton BSc(Hons) Product Design student, has developed REACT, a new LED sign that uses an induction loop to identify on-coming motorcycles and help prevent collisions.
Matt said: “Almost 40 per cent of motorcycle deaths occur at T-
10 The ROAD
junctions and I’m convinced REACT can significantly reduce these numbers.”
He has been in talks with two companies interested in developing his design, and is now working freelance for a medical product company having graduated in July.
Matt is one of 16 product design students selected for an exhibition at the Business Design Centre in London.
Churchill on Bethany Probert case Motorcyclists have been told they can legally wear a high- visibility vest that resembles police uniform.
Motorcyclists can join the POLITE force
The yellow bibs have the word ‘POLITE’ printed on the back in large capital letters, along with a strip of blue and white crosshatching similar to designs traditionally worn by police. Cyclists in London already wear them to get drivers to give them more space, after Met commander Bob Broadhurst said they were not illegal. Now the Met has said motorcyclists can wear them too. A spokesman said: “It does not look like a police uniform. It is merely a high visibility jacket so would not be illegal. It is illegal to impersonate a police officer, so that would mean claiming to be a police officer. Nowhere on the jacket shown does it even say police.”
The full message on the bib is ‘Polite notice think bike’. The
Crash alarm
Automated emergency call devices which will send a message in the event of a serious accident will be a mandatory fitment in new cars sold in the EU from 2015. The ‘eCall’ system automatically dials 112 - Europe’s single emergency number - in the event of a serious accident. It sends the vehicle’s location to emergency services even if the driver is unconscious. It is estimated that it might 2500 lives a year.
makers admit there is little difference between the chequered strip on the bib and blue-and- white crosshatching used by police.
Nicky Fletcher, MD of Equisafety, said the design was not similar to police uniform. “Police uniforms do not have 'POLITE notice think bike’on the back.’ The firm’s website quotes one cyclist as saying: “Sometimes it's like a force field around me when I'm on my bike as cars don't seem to want to get too close to me.” Equisafety, in Wirral,
Merseyside, has won a contract to supply its POLITE range to cycle firm Raleigh, but Fletcher said the bibs were not marketed for motorcyclists.
Road comment: Well if there is the slightest difference between two things then clearly one cannot be mistaken for the other. What a load of Mullshit.
80mph limit
Trials of 80mph motorway speed limits are due to start next year. Three test sites are proposed and as of June the Roads Minister Stephen Hammond says the issue is still firmly on the Governments agenda despite vigorous protests from road safety groups. Mr Hammond said: ‘It is not dead. We are thinking about it. We are thinking about how we could trial it rather than go to a consultation. ‘It would be important to have a good evidence-based trial.’
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