Deemster approves ACU application regarding Steve Mercer
A rider who was seriously injured at last year’s TT has been told any personal injury claim must be heard in the Isle of Man.
Deemster Gough has approved an application by event organiser the Auto Cycle Union which requested this.
Steve Mercer was left in a critical condition, with injuries including a broken back, after being involved in a head-on collision with a course car at Ballacrye.
He had been among a group of riders who were allowed to travel back towards the Grandstand against the direction of the course after a red flag.
The car had been on its way to the scene of the crash which claimed the life of local rider Dan Kneen.
The ACU has admitted liability, but the issue of causation still has to be agreed, as does the scale of Mr Mercer’s personal injury compensation.
Mr Mercer, who’s from Maidstone in Kent, had wanted any such claim to be heard in England, where he feels he’d have a better chance of getting more compensation.
The ACU says anyone who agrees to the terms and conditions which all riders must sign up to accepts such claims must be heard in the Isle of Man.
Mr Mercer’s advocate had argued his client was not bound by the terms of the contract, but Deemster Gough has ruled that is not the case.
In a judgement handed down this week, he states Mr Mercer is, ‘bound by a contractual term to litigate this matter in the Isle of Man courts.’
Earlier this year, in April, the ACU announced a series of safety improvements, prompted by the incident.
Along with GPS tracking devices, non-race vehicles such as the course inspection and response car would be fitted with warning lights.
A speed limit has also been imposed upon all course cars.
Training has been given to all senior race officials, as well as marshals, including guidance on TETRA radio use.
An event safety officer has been appointed, with other changes emphasising rider education on race rules and regulations.
The full judgement is available to read here.