Family sue council over motor biker’s death on ‘degraded’ road

The family of a man who died in a motorbike accident are suing the council responsible for the road he died on.

A coroner concluded that Robert Newcombe, 70, from Ilkeston, Derbyshire, had lost control of his bike because of a “degraded road surface” on the A43 in Northamptonshire.

Robert’s son John Newcombe said: “The thought of somebody else having to go through this is horrifying. If you know somebody who rides a bike, you shouldn’t have to worry about them coming home.”

North Northamptonshire Council is denying liability and claims the road surface did not cause the accident.

Mr Newcombe, a retired union official, was out on a group motorbike ride intending to visit a memorial to the founder of the Hells Angels when the accident happened on 25 September 2022.

He suffered head injuries after falling off his bike and died at the scene, despite paramedics’ efforts to save him.

His wife Aileen Newcombe, 71, said: “We’d been away the week before at the caravan we’d bought for the retirement, and he wanted to come home for this special ride out.

“The plan was to pick up the Northamptonshire group and then make their way to Staffordshire, and that’s when the accident happened.

“There was a dreaded knock at the door that I wouldn’t wish on anybody.”

John Newcombe, 47, said: “The wording they [the police] used was ‘he’d lost control of his bike’.

“And I do remember very distinctly saying to the police officer ‘there’s no way my dad’s lost control of his bike’. He was one of the safest men I’ve ever known.”

Mrs Newcombe added: “I don’t want any form of guilt on him, because I know he did nothing wrong.

“He was a union man, and he fought for what was right, and I know he’d want me to fight it because he would have done.”

The coroner’s report said Mr Newcombe had approached a section of road where there was a right hand turning lane for the village of Walgrave, and began to overtake a vehicle also travelling in the southbound direction.

As he began this manoeuvre, his motorcycle travelled across a section of degraded road surface which caused Mr Newcombe to lose control of his vehicle.

Despite attempted corrective action, he was unable to stabilise the bike and became separated from it.

The report recorded the cause of death as a “head injury sustained in a road traffic accident”.

Ken Brough, personal injury lawyer at Hodge Jones & Allen, who is representing the family, said: “No family should have to suffer the pain of a loved one not returning from a motorbike ride.

“Sadly, the inquest into the death of Robert Newcombe concluded that he lost his life as a direct result of the poor state of the road.

“The raised and rippled surface caused Mr Newcombe to be thrown off his bike, resulting in his death.

“All councils have a responsibility to ensure they adequately inspect and maintain all roads, regardless of whether this critical process is outsourced or conducted in-house.

“We are hopeful North Northamptonshire Council will settle our civil case with Mrs Newcombe swiftly and make sure lessons are learnt, protecting future lives.”

The family’s solicitors are also claiming the council failed to “heed to previous reports from the public, that the road was in a poor state of repair”.

A spokesperson for the council said: “Any death on the road is a sad and tragic event, and we offer our condolences to the family and friends of Mr Newcombe.

“As this relates to ongoing legal proceedings, we do not feel that it would be appropriate to say anything further at this stage.”

John Newcombe said: “Its about making sure that nobody else has to go through it. I know what my dad would be saying, ‘nobody else can be put through this’.”

Mrs Newcombe added: “I grieve for what we’ve lost, and I grieve for what we’d planned, and I grieve for what he’s missed.

“I’m totally spent, emotionally, mentally, physically. I’m just flat out.”