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A motorcyclist, Stephen Sim raised a court action against Strathclyde Fire Board following a road traffic accident on Saturday 23 April 2005. The compensation claim was made because Mr Sim alleged that the driver of the fire engine, who he collided with, had driven without due care and attention and caused the road traffic accident.

An off duty police officer gave evidence that Mr Sim had been closely followed by a sports car, moments prior to the collision, travelling at speeds of approximately 90 to 100mph in a built up area with a speed limit of 30mph. Following the road traffic accident Mr Sim was found to have the blood alcohol limit well above the legal limit.

Mr Sim’s expert witness had alleged that the driver of the fire engine had executed an overtaking manoeuvre when it was clearly unsafe to do so.

However, by virtue of the evidence given from the off duty police officer, the judge concluded that Mr Sim would not be entitled to compensation for his injuries. It was the judge’s view that the road traffic accident had been caused by Mr Sim who in his judgement, found that he had been driving his motorcycle at grossly excessive speeds and was heavily intoxicated at the time found in favour of the Fire Board while exonerating the driver of the fire engine. 

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