One motorcyclist has recently lost his appeal in a horse rider accident case that has left the rider once more eligible to seek personal injury compensation against the motorbike rider, legal experts recently reported.
Peter Hayward had been accused of riding his motorbike both too quickly and too close to the horse Michaela Devereux had been riding in an incident on October the 29th, 2006, resulting in Mrs Devereux being thrown by her horse and suffering traumatic brain injuries as a result. Mr Hayward was found to have slowed his rate of speed upon approaching the horse, yet had still been traveling fast enough to spook the animal, according to the October 2011 decision of the High Court in Winchester, ruling that Mrs Devereux could seek compensation by making a motorcycle accident claim, adding that Mr Hayward’s bike did indeed come into contact with her horse, even though the motorcyclist denied it.
However, Mr Hayward’s insurers made a challenge to the ruling in London’s Appeal Court last month, claiming that the original decision ran counter to the weight of the evidence in the case. Permission for the appeal was refused by Lord Justice Hughes, with the judge indicating any appeal had a low likelihood of success, concluding that there was no reasonable prospect for appeal in the face of evidence indicating that a collision did indeed occur.
Unless a settlement btween Mrs Devereux and Mr Hayward’s insurers can be reached out of court, the total amount of damages due to the injured horse rider will be determined at an additional court hearing, experts say.