Underage motorcyclist’s heirs win damages after road fatality

The heirs of an underage motorcyclist who died after a traffic accident eight years ago were yesterday awarded €66,445.31 in damages after a court ruled that the teenager had contributed towards the accident.

Mr Justice Mark Chetcuti delivered this judgment following an action filed by the heirs of the late Marlon Busuttil against Raymond Farrugia.

The court heard that the accident occurred in June 2003 along Safi Road, Kirkop involving the motorcycle driven by Mr Busuttil who, at the time was 17 years old and unlicensed, and a bus driven by Mr Farrugia.

From the evidence it resulted that Mr Farrugia was driving the bus on the wrong side of the road, as he was trying to overtake a truck, when the accident occurred. Mr Busuttil had lost control of the motorcycle and skidded under the bus. Mr Farrugia had tried to avoid the accident but by manoeuvring the bus he had, in effect, blocked the road.

The court found the bus driver’s actions censurable and concluded that Mr Farrugia had not kept a proper look out.

However, it also concluded that Mr Busuttil was responsible for 25 per cent of the accident. He was only 17 years old, had no driving licence and had, apparently, taken the motorcycle without his parent’s knowledge or consent. His inexperience as a driver had contributed to the accident.

The lawyers representing the heirs were José Herrera, Shazoo Ghaznavi and Robert Galea.