Excess speed and contributory negligence – Ayre v Swan

In Ayre v Swan [2019] NSWCA 2020, the New South Wales Court of Appeal increased a contributory negligence finding to 80% because of the plaintiff's grossly excessive speed.

Facts

On 18 June 2012, Miss Ayre, the defendant, was travelling on Lake Road, Port Macquarie intending to turn right into a commercial driveway. A car driven by Mr Smith was approaching in the outer of the two oncoming lanes and was travelling at approximately 50 kilometres per hour (the speed limit). The plaintiff, Mr Swan, riding his motorcycle behind Mr Smith's car, was obstructed from Miss Ayre's view.

As Miss Ayre started to turn right, Mr Swan moved into the inner lane, increased speed and passed Mr Smith's car. He collided with the rear passenger side of Miss Ayre's vehicle, injuring his left leg and knee and sustaining multiple abrasions.