Powell v Moody

Powell v Moody (1966) 110 Sol Jo 215 is English case law, often used for the settlement of civil claims brought as the result of road traffic collisions.^[1] The case was decided in 1966.^[2]

A recent case Davis v Schrogin^[3] is lately quoted as a defence to Powell v Moody. However, Davis v Schrogin does not supersede Powell v Moody and that the latter is still considered in out-of-court settlements. This is because in the case of Davis v Schogin, the car driver emerged from a line of traffic to make a U-turn and not from a side road.^{[original research?]}

The plaintiff was riding a motorbike along a road and came across a stationary line of traffic consisting of vehicles two abreast. The plaintiff proceeded along the offside overtaking the stationary vehicles. The defendant came out of a side road in a car through a gap in the traffic intending to turn right in the opposite direction to the traffic and the plaintiff's travel. The defendant was signalled by the driver of a milk-tanker to proceed and as the defendant inched out he was hit by the plaintiff.

The judge ruled that both parties were to blame but attributed 80% of the blame to the plaintiff.

The case is often quoted as an proving example of the liability incurred by motorcyclists when 'making a lane' and proceeding alongside traffic. As this is an operation fraught with potential hazards anyone undertaking it incurs liability for anything which may happen irrespective of whether they have right-of-way.

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