Lochs and Glens defends roll-over case
Lochs and Glens (Transport) Ltd has successfully defended a case where one of its coaches rolled over in the Scottish Highlands.
The pursuer of the case, Allen Woodhouse, was a passenger on a Volvo coach owned and operated by the defenders. He was one of 51 passengers.
On 26 March 2015, at around 2pm, while the coach was being driven on the A83 between Arrochar and Cairndow, at or near a stretch of road known as “Rest and Be Thankful”, it left the road and went down an embankment towards Loch Restil.
It rolled over once in the process and came to halt in an upright position just short of the loch. The driver and a number of passengers were injured, including the pursuer. The pursuer sued for damages, alleging that the accident was caused by the negligence of the defenders.
A DfT examiner inspected the vehicle following the accident. He noted there were no pre-existing or latent mechanical defects.
The court accepted the driver’s evidence that she was hit by a strong gust from her left before being hit by a strong gust from her right while driving on the road in the run up to the accident.
The police took the view that the driver was not going too fast, and the accident was caused by the wind.