Q&A

Our specialist motoring solicitor Andrew Prendergast guides readers through their legal trials and troubles...

QI

work for a company in their sales team. As a result of our team winning an internal competition we went on a works ‘fun day’. One of the activities was riding an off-road motorbike. We attended a safety briefing and I and two other colleagues told the instructor we had never ridden a motorbike before. He laughed, said it wouldn’t be a problem and that if we fell off it wouldn’t hurt as the track was on mud. I was literally given two minutes’ tuition and told to pull away on what I now understand to be a 400cc motorbike.

At this point I lost control. I don’t really know what happened but I ended up speeding across the muddy track and crashing into a tree. I smashed my sternum and broke my neck. I have now been off work for six months and will not return for at least another year. I don’t know what to do. While sympathetic, my employer has said it’s not their fault and I went along and undertook a “risky activity” voluntarily. They are stopping my pay next month as I’m not at work and if I have no money I and my family will lose our house. I’m proper scared. Can I bring a claim or not? If the answer is yes, who against? AOn

the face of it, your employer owes a duty to make sure you are safe at work. It is arguable they still owed you this duty as you were on a work ‘fun day’. Then there is the ‘instructor’ who sounds like a proper muppet. What an earth possessed him to put a complete beginner on a 400cc motorbike with a tree next to the track? And then let you loose after two minutes’ tuition! That said, you knew you had never ridden a motorbike but got on anyway.

It could be likened to a man who has a go at boxing but then complains when he gets his nose broken. However, I do think that is a harsh view and I suspect you may be able to bring a claim against your employer or the instructor or both. However, you need some specialist legal advice as each case turns on its own facts. QAn

old piece of scum drove straight out of a petrol station and into me while I was on the main road. He smashed my left leg to bits. I’ve had three operations. Not happy. Even worse, the police have told me they are not prosecuting Mr Scum because he is “old.” My view is they should send him off to Switzerland with a one way ticket for an injection. However, it’s probably good I’m not the law. What can I do to help him get prosecuted or at least taken off the road? AThe

police’s job is to gather the evidence. The Crown Prosecution Service (CPS) then makes a decision whether to prosecute. The CPS should look at The Code for Crown Prosecutors. There are two main considerations: - 1. Is there enough evidence against the defendant? 2. Is it in the public interest for the CPS to bring the case to court?

If you want the driver considered for prosecution I would read the guide then write to the police with your reasons and ask for the matter to be reviewed with a view to prosecution and go from there. I would also ask the police to consider whether the DVLA need to be contacted so this chap’s licence can be revoked if need be.