A motorcyclist injured in a collision with a taxi parked on the Causeway has been awarded more than $37,000 by the Supreme Court.

Dwayne Brown launched a legal action against the taxi’s operator, Brandon Levon, on the grounds that he had caused the smash by parking on a blind corner, which was marked with a double yellow line.

The court had heard that at 6.35pm on November 10, 2011, as Tropical Storm Sean was approaching the Island, Mr Brown was riding west along Longbird Bridge and on to the Causeway on his way home from work.

He then struck a taxi, which was stationary in the westbound lane.

Mr Brown suffered a fractured right leg in the crash and was in hospital for four days.

He also reportedly sustained a permanent partial disability from a one-centimetre shortening of his right tibia, and a slight loss of the range of movement in the right ankle. While Mr Levon accepted that he had stopped on the yellow line to wait for potential passengers, he said that he was in plain view of oncoming traffic and not obscured by the bend.

He argued through counsel that Mr Brown failed to keep a proper look out, failed to act in response to the presence of the taxi, and failed to ride at a safe speed.

During a trial on March 9, Mr Brown testified that he had just crossed Longbird Bridge at about 35kph — faster than the speed limit for the bridge of 20kph — when he saw the taxi about 12 feet in front of him.

According to UK Government stopping distance guidelines, a little more than 40ft of space is required to stop when travelling at 35kph.

He also indicated in photographs where the taxi was parked — evidence not disputed by the defendant.

In a judgment dated March 16, Chief Justice Ian Kawaley wrote that while Mr Brown was travelling at only 15 per cent above the speed that a model driver would have been going having passed Longbird Bridge, the position of the defendant’s vehicle created a hazard for following traffic even without taking any potential carelessness or excess speed into account.

“Rounding the corner at 35kph would likely have required either a sharp braking action or a rather sharp overtaking manoeuvre to prevent a collision,” Mr Justice Kawaley wrote. “It is common ground that the plaintiff only clipped the rear corner of the taxi, and did not simply drive into the rear of the vehicle without attempting any evasive action. I infer from this that he was attempting to overtake the taxi and only just failed to exercise the manoeuvre successfully.

“If the plaintiff had crossed the bridge at the prescribed speed and accelerated to 30kph, he would still in my judgment, based on the evidence, not have been able to stop or overtake comfortably without deploying ‘emergency’ evasive measures.

“There is, however, no clear or reliable basis for determining whether the collision was actually caused to any material extent by virtue of careless or reckless speed or any other specific act of carelessness.”

He found that Mr Brown’s injuries were caused by Mr Levon’s negligence in parking in an “unusually hazardous position”, and that the defendant had failed to prove any contributory negligence.

Mr Justice Kawaley subsequently awarded Mr Brown $36,000 by way of general damages for pain, suffering and the loss of amenity, together with special damages of $1,046.