WILLIAM PLATT V TRANSLINK

Coleraine District Judges Court
09 October 2003
Judge Keegan

This action was contested at Coleraine Court before his Honour Judge Keegan. We acted on behalf of the Defendant. The Plaintiff issued a Civil Bill claiming £500 for loss and damage as a result of a Road Traffic Accident.

The Plaintiff said he was driving a car, and the bus driver an Ulsterbus. As they drove along the Strand Road in Coleraine they passed through a set of green traffic lights. The Plaintiff contented that the bus encroached into his lane and a collision occurred. The bus driver said the car was in his blind spot. He confirmed that his vehicle would have to encroach into the other lane by perhaps 6-8 inches due to the topography of the bend.

Judge Keegan stated that on balance the Plaintiff had failed to establish that the bus driver was driving negligently on this occasion. His Honour stated that the bus was in the right hand lane and to enable it to go through the traffic lights it would have to encroach into the left hand lane. The important point in this case was the accident damage. The damage to the Plaintiff's car was on the driver's side. The damage to the bus was approximately one third to half way down the bus. The lights had just turned green when the Plaintiff passed into the left-hand lane. However, the bus had to go from a standing start and he was stating that the bus had collided with his vehicle. His Honour felt that this was an unlikely scenario. His Honour also stated that the Plaintiff positioning his vehicle 1-1½ feet away from the vehicle was too close considering the length of the 40 ft bus beside him. The Plaintiff had in fact stated that his vehicle was tight to the kerb when the accident had occurred yet it was clear from the photographs submitted to the court that allowing for the width of the vehicle it would have required the bus to have encroached into his lane by perhaps 4 feet for the incident to have occurred.

His Honour preferred the Defendant's version of events and consequently dismissed the Plaintiff's case.