BHS welcomes rider's damages claim against bus company
21st June 2010The British Horse Society has welcomed the decision to award damages to a rider in Cambridgeshire who suffered a terrifying accident when a bus failed to slow down sufficiently.
The equine team at Jacksons Law Firm has been successful in pursuing a claim on behalf of Helen Retallick, 37, for damages against a bus company whose bus failed to slow down sufficiently whilst passing her when she was out hacking her horse Rocky along a Cambridge country lane. Sadly Rocky was badly injured and had to be put down at the scene: and Helen sustained a fracture to her right arm, together with soft tissue injuries and severe trauma rendering her psychologically unable to return to riding.
When liability was denied by the coach company because their vehicle was travelling within the speed limit, the case went to trial in Cambridge on 9 June 2010 where the Court took particular note of Rules 214 and 215 of The Highway Code relating to animals and horses.
After listening to all of the evidence the judge found that although the driver of the bus had slowed down, he had not slowed down sufficiently. It was further decided that, as Helen had signalled for him to slow down, he should have either stopped or slowed down to nothing more than a crawling pace in order to pass Rocky safely, even though Rocky was on the opposite side of the country lane.
Mark Weston, Director of Access, Safety and Welfare at The British Horse Society, said: ‘Sadly this is an all too familiar story – traffic not slowing down sufficiently when passing horses on the road. As demonstrated by this case the consequences of this can be fatal and can have lasting psychological effects not only on the rider concerned but on the vehicle driver and passengers.
“It is so important that vehicle drivers should stop or slow down to crawling pace when passing horses on roads and that riders thank them for doing this.’