Mr M was marshalling at a motocross event, meant for experienced riders, in Dalton, near Thirsk when the accident happened.  Mr M was an experienced marshal, although he had not marshalled at this track before. He had also previously taken part in motocross events himself.

Rider accelerates and loses control

On this occasion he was positioned at the finish line, which was on a sharp right-hand bend.  He was behind some wooden fencing, which did not have any hay bales around it, and had just started to raise the chequered flag, when a rider accelerated towards the finish line and hit a dirt bump.  The rider lost control and flew into the air, landing on Mr M, who was knocked out.

An ambulance came and took Mr M to the James Cooke Hospital in Middlesbrough, where he stayed for ten days. Mr M suffered multiple injuries, including a minor head injury, rib fractures, splenic bleed and psychological injuries.  When he returned from hospital he needed help for some time and couldn’t drive for seven weeks.  He has been left with faint scars on his hands and face.

Debbie pursues YMSA after motocross accident

Mr M contacted Graysons and Debbie took up the case, contacting YMSA, the motocross organiser and occupier of the premises, claiming that it had failed to:

• carry out adequate risk assessments – including as to whether marshals were safely positioned and properly protected
• use fencing that was safe enough to protect the marshals and spectators, particularly at the finishing line
• position marshals far enough away from the track
• respond to earlier incidents on the track
• remove the mound of earth on which the rider lost control
• have a proper inspection system and maintenance in place at the track
• provide sufficient briefing to marshals

She also claimed that YMSA designed the track in a way that meant the finish line was positioned on a sharp bend which increased the risk of losing control.

YMSA denied liability, saying that the marshalling post was not defective, the position was on a bend but that it was just past finish line, dirt ridge had risen in the track during the race, proper inspections had been carried out, all reasonable steps had been taken to keep marshals safe and that the accident was unforeseeable.

Debbie won the case at court and Mr M was awarded a sum of £6,000 in compensation.  Mr M was very happy with his compensation saying that Graysons’ service was “first class” and that he would “definitely advise others to use Graysons’ services”.

If you have had an accident and you feel that it was not your fault, contact our personal injury experts now.  We will arrange a free of charge meeting in which we can discuss your case and advise on the prospects of success.