A motorcyclist has been awarded more than $36,000 damages for injuries he suffered when a driver pulled out in front of him.

Chuncy Smith took his claim for damages against driver Shannon Jennings to the Supreme Court after the accident on August 1, 2013, near the junction of Horseshoe Road and South Road in Southampton.

The process controller at Tynes Bay Waste-to-Energy Facility suffered injuries to his right foot in the crash. He underwent extensive medical treatment and had to take time off work.

While liability for the crash was disputed by both sides, Assistant Justice David Kessaram ruled that the accident was caused by the “inadvertence” of Mr Jennings.

“Mr Jennings failed to exercise reasonable care in exiting Horseshoe Road on to South Road and was the cause of the collision between his car and the motorcycle being ridden by the plaintiff,” Mr Kessaram said. “I am not prepared to find that Mr Smith contributed to the accident in any way.

“There is no evidence that Mr Smith was travelling at an excessive speed; nor was there any reason to believe that he was not paying proper attention.

“These were mere suggestions as to what may have caused or contributed to the accident. However, they lack any factual foundation.”

Mr Smith was awarded $6,924 in loss of employment income, $16,713 for hospital and medical expenses and a further $13,000 for pain and suffering, making a total of $36,637.

Mr Kessaram concluded: “I find that the plaintiff has proved his case; that the accident was caused by the defendant’s failure to exercise reasonable care in the way he drove his vehicle on the day in question.

“Particularly, that he failed to keep a proper lookout for other traffic on the major road, South Road, when he emerged from a minor road, Horseshoe Road, and failed to heed the presence of the plaintiff on the major road.”

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