Thomas v Kostanjevec (2004)

The deceased was a pedestrian who was killed by a motorcycle as he attempted to cross the road.

The claimant was travelling at 50 mph, below the 60 mph speed limit.

At first instance, the Court ruled in favour of the claimant as his speed was not excessive and he did not see the deceased until it was too late to stop and avoid the accident.

An appeal was launched on behalf of the deceased’s family.

On appeal, the Court stated as the claimant was in control of a powerful motorcycle travelling at 50 mph, this made it difficult for him to break safely.

In addition, the stretch of road where the accident took place was well known by both parties and the deceased crossed the section of road on numerous occasions.

It was held the claimant had been travelling too quickly and as a result could not stop in the necessary time required to avoid colliding with the deceased.

As a result, the deceased was held not liable.

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