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Daniel Austin, of Gordon Road, Northfleet, awarded High Court payout after motorbike crash on A296 near Bluewater

A man left with debilitating injuries after a crash will receive the lion’s share of his compensation from the friend on whose motorbike he was riding pillion.

Daniel Austin was on the back of his friend, Ross Wenden’s, bike when it collided with a car on the A296 Roman Road, near Bluewater shopping centre.

The 26-year-old, of Gordon Road, Northfleet, suffered severe injuries in the smash and has been left with physical difficulties and psychological trauma as a result.

Police are appealing for information after the raid
Police are appealing for information after the raid

He sued both Mr Wenden, of Dudley Road, Northfleet, and the car’s driver, Catherine Clark, of Sandown Road, Gravesend, at London’s High Court.

Lawyers say his damages claim is worth more than £100,000.

But both motorist and motorcyclist denied responsibility for the crash, with each claiming the other was at fault.

A judge has now ruled that Mr Wenden was two-thirds responsible for the crash, as he was travelling ‘too fast’.

Ms Clark bore the remainder of the blame because she should have seen the bike in her mirrors, said Judge Roger ter Haar QC.

The court heard the collision happened on January 15, 2014 as Mr Wenden was overtaking a line of slow-moving traffic on his Kawasaki motorbike.

As he did so, Ms Clark turned right from the line of traffic to enter a car wash on the opposite side of the road – driving into the path of the motorcycle, which crashed into her VW Beetle.

Mr Austin suffered fractures to his left shoulder and right arm, and injuries to his left leg and foot, as a result of which he has difficulty walking and is in near constant pain. He also has depressive symptoms and trouble sleeping.

Giving his ruling after a two-day hearing, Judge ter Haar said: “Ms Clark did indicate, she did slow down and she kept a gap between her and the car in front.

“But if she had followed the guidance in the Highway Code, she would have checked her mirror first – it seems to me that she did not do that.”

However, he said the main reason for the crash was Mr Wenden’s speed, which the judge described as ‘far too fast’.

He added:

'It seems to me that the most important reason for this accident was the speed at which the motorcycle was going.' Judge ter Haar

“This made it difficult for him to be seen by Ms Clark and it also meant his ability to manoeuvre out of a situation of danger was significantly reduced.

“It seems possible that, if he had been travelling at a lesser speed, he might have been able to move around the left-hand side of Ms Clark’s car as it started its turn.”

The amount of Mr Austin’s compensation has yet to be finally assessed.

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