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Bob Pickett talks to Tony Carter about accidents and 'contributory negligence'

Tony Carter If you have an accident (and God forbid you do) involving another person, then there is a very good chance you will need the services of a solicitor. A company worth it's salt in this area will employ a specialist accident investigator. To learn more about what this entails, Motobke.co.uk spoke to Tony Carter of Boyes Turner Solicitors.

Tony is a highly experienced road safety expert with many years accident investigation experience, having served with the Thames Valley Police Traffic Division, mainly as a patrol motorcyclist.

He is a Motorcycle Compulsory basic training qualified instructor; a Motorcycle Direct access qualified instructor; chief motorcycle examiner for RoSPA (Royal Society for the Prevention of Accidents) Advanced Drivers Association; founder member of the Motorcycle Rider training association; a specialist in motorcycle protective clothing and equipment; and was a consultant in the rewriting of Roadcraft, the police riders/drivers handbook.

How long have you been working as a Motorcycle Accident Investigator?

I guess I am looking at 25+ years now. I was required to deal with traffic accidents throughout my Police career, and this continued after my retirement when I was asked by a number of law firms to look at accidents they were dealing with on behalf of their clients.

Do you only handle motorcycle claims, or are you involved in the investigation of a wide range of personal accident claims?

If it has wheels I will look at it. Although my area of expertise is in motorcycles, (in fact I have been involved with bikes all my working life in one form or another). I have probably dealt with an equal number of accidents involving cars and heavy goods vehicles. I have also been involved in aeroplane crash investigations (well it does have wheels) and one train crash.

What made you move into this area?

My original plan was to join the RAF as a flight engineer. The thought of being able to travel the world, work with aircraft and then get a good job with an airline later really appealed. Unfortunately my eyesight (I am long sighted) didn't meet up with requirements so I had to abandon that idea. My Father was a Policeman on Traffic and I had always been fascinated by cars and motorcycles, so it seemed to me at a young age that to become a Policeman and one day get paid to ride a motorcycle was the next best thing. The rest as they say is history.

Obviously, to take on such a role requires a wide range of experience and qualifications. During your time in the Police Force I would imagine you undertook a wide range of training that suited you for this role. What qualifications do you have that suit you for what is a very specialist position?

That's a bit like asking me for my CV! First of all you have to be interested in the subject. In my opinion there is no such thing as an accident, there is 99% of the time a cause. The exception is when someone has perhaps had a heart attack behind the wheel, you can't legislate for that, but they are the exception rather than the rule.

I hold Police Class 1 car and motorcycle qualifications, which means that I understand the difference between good and bad driving or riding. I have had to pass exams on the theory of driving and riding, show better than good knowledge of the Highway Code. I have attended Traffic law courses, accident investigation courses, traffic management and road safety courses, vehicle examiner courses, courses run by tyre manufacturers, seminars run by various safety organisations, the list really goes on. However, the learning process continues even today, as there is always something new to learn.

At what stage do you become involved with a claim and do you remain involved throughout the case? How do your investigations and findings dovetail with the work of the solicitors at your company?

I am involved right from the start. A client will contact us with the details of his or her accident, and all the members of the team to ensure that it is a reasonable claim will screen it. If we take it on, I will be involved in taking statements from witnesses, visiting the scene, taking photographs, preparing sketch plans, looking for any evidence physical or otherwise that may help us obtain a clearer picture of what has happened. The types of enquiry I have to make sometimes can be wide and varied, but at the end of the day for the majority I will then prepare a report which will outline the circumstances, my findings, conclusions and my recommendations. This will then be discussed with whichever solicitor is dealing with the claim and a course of action subsequently decided.

Once you are called in to investigate a claim, what exactly does your role involve and how does your police training assist you?

I think a good part of that has been answered in the previous question. I think my Police experience is useful for a number of reasons. Firstly I don't think there has been a type of accident I haven't seen or dealt with at some time in my life, therefore I can use my experience to give me an indication as to where to begin the investigation process. Secondly, I know what to look for and what questions to ask when speaking to the claimant or witnesses. Perhaps most importantly, I can look at an accident from a slightly detached perspective and question why certain things perhaps have not been included as part of the original Police investigation, or pick up on things that have in my opinion been missed but may have a bearing as to the cause.

Do you find that bikers find it reassuring to know that another biker (and one with many years experience) is involved with their case?

I have been amazed at how many riders have actually said to me "Thank god I am able to speak to a fellow motorcyclist" or "At last, someone who understands bikes", which I find very heart warming. One of the areas of concern often mentioned to me by motorcyclists, is the fact that they have in the past felt that the legal profession is not so much treating them like second class citizens, but perhaps due to a pre-conception or bias, giving their claim a low priority, simply because they don't understand what a special breed of road user motorcyclists are. This is something the firm I work for are trying very hard to address, and this I think is backed up by some of the very complimentary comments that have been made by clients we have represented.

Can you be called as an expert witness on a claim where you have been called in to investigate?

I am often asked even now to act as an expert witness on behalf of other law firms, and if circumstances dictate I will give evidence in that capacity if required so to do. As far as our own cases are concerned, it hasn't happened yet, but I will if required. Occasionally I will receive a request from an individual rather than a professional body to comment on a set of circumstances. Provided there is no conflict of interest then again this is something I am happy to oblige with.

Contributory negligence is an oft-quoted defence used when debating the liability of the other party. Can you tell us what exactly is meant by "contributory negligence" and what we, as bikers can do to reduce this?

Perhaps a better way of understanding what Contributory negligence is, it is perhaps better to think of it in terms of "Apportionment of Blame". In most traffic accidents someone has done something that has caused the accident to occur. Now for the most part, the person that caused the accident will be held 100% liable. However although the claimant may not have committed any traffic offences, in respect of any claim it may be considered that the claimant took a course of action that contributed to the cause of the accident.

For example filtering is a popular manoeuvre amongst riders, particularly in heavily congested urban areas. Filtering is a perfectly acceptable manoeuvre provided it is legal and safe. Drivers have a duty of care to ensure that before they carry out any turn in the road it is unlikely to cause danger to other road users and in particular they should watch out for motorcyclists who may be filtering down the offside. How many times have you heard stories of motorcyclists being knocked off when filtering, by car drivers who have not checked before commencing their turn? Now it is generally accepted that the car driver is responsible for having caused the accident, but, it may be held that the motorcyclist was 20 or 30% responsible because of the course of action he was taking at the time in this case filtering. On this basis the car driver would be held 100% liable but the award would be reduced by 20 or 30% because that is the percentage by which it was felt that the motorcyclist contributed to the accident. This is what is called Contributory Negligence.

Motorcyclists can help themselves in this respect by asking the question "What are the likely consequences?" Before carrying out any manoeuvre. There is nothing specific they can do, as that is the risk we all take when we climb aboard a bike, but by riding sensibly, the chances of contributory negligence being held against the rider in the unfortunate event that an accident occurs, will be considerably reduced.

It has to be hoped (in the best possible way) that Motobke.co.uk readers never have to call upon your skills. But should the worst happen, how can they get in touch with you?

It would be fantastic if we could guarantee that motorcyclists would never have accidents, but it is an unfortunate fact of life that they do occur and will continue to occur.

Here at Boyes Turner we have in my opinion one of the finest teams of personal injury lawyers anywhere. Adrian Desmond (my boss) is vastly experienced solicitor in the field of personal injury litigation as are my colleagues Kim Smerdon, Helen Childs and Richard Coleman. We understand that many people are often nervous about making contact with a Law Firm for the first time, so a great deal of emphasis is also placed on speaking and dealing with our clients in a friendly yet professional manner, and in this respect I think the team are second to none as well.

If anyone needs to contact us, they are welcome to either phone us on 0118 952 7219, e-mail me at tcarter@boyesturnerlegal.co.uk, or adesmond@boyesturnerlegal.co.uk or visit our website at www.boyesturnerlegal.co.uk where a questionnaire can be completed on line.

Alternatively they can write to us directly at:

Boyes Turner Solicitors, Personal Injury Group, Abbots House, Abbey Street, Reading, Berks, RG1 3BD.

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