A professional motorbike racer who hit his head on a safety barrier after his motorbike left the...
A professional motorbike racer who hit his head on a safety barrier after his motorbike left the track is set to receive compensation for the injuries he suffered.
The 41-year-old rider was participating in a test day, which gives riders and their teams an opportunity to prepare for competitive races. As he was riding a lap of the circuit, his motorbike failed to turn round a corner and exited the track. Realising he would not be able to avoid a collision with a safety barrier, he jumped from his motorbike. As he rolled along the ground, his head hit the safety barrier. He suffered serious injuries, including fractures to his spine and ribs. He brought a claim against the owner of the circuit where the accident happened, the organiser of the British Super Bike Championship and the controlling body responsible for it.
The High Court heard evidence on the design of the circuit, the distances motorbikes would be likely to travel if they exited the track, and the positioning of safety barriers. The rider gave evidence that falling to the ground had not caused him serious pain or injury, but he had felt excruciating pain when his head hit the barrier. He said there was no cushioning or 'give' in the barrier and described the impact as like hitting a solid wall.
The Court found that the failure to conclude that additional safety devices designed to provide cushioning were required on the barrier had been both negligent and a breach of duty of care under the Occupiers' Liability Act 1957. The Court determined, on the balance of probabilities, that the rider's injuries had been caused by the impact with the barrier and that they would not have been sustained if the additional safety devices had been in place.
The defendants were therefore liable for the rider's injuries. A separate hearing will take place to determine the compensation due to him.