Steve Mercer was among a group of red-flagged TT riders who were allowed to travel back to the Grandstand the ’wrong way’ round the course.
At Ballacrye, near Ballaugh, his machine collided head-on with a course car, which was travelling at high speed on its way to the accident that claimed the life of Manx TT star Dan Kneen.
The TT official who was driving that course car, Shaun Counsell, has lodged a claim for personal injury and losses of up to £100,000 against race organisers ACU Ltd and ACU Events Ltd.
Details of his case were revealed at a court hearing this week.
Mr Counsell, of Willaston, is claiming for psychological and physical injuries arising from the collision that took place on May 30, 2018.
The court heard he has been diagnosed with post traumatic stress disorder and anxiety and he feels he has been ‘hung out to dry’ by the Auto Cycle Union (ACU).
He has not had a full-time job since his symptoms began.
He said he has suffered feelings of guilt and during the Covid lockdown had flashbacks in which he saw the rider’s eyes just before the impact. He also suffered physical injuries in the collision - including a painful shoulder, a cut to the head and whiplash.
The ACU has applied for the damages claim to be struck out, saying it was submitted out of time.
ACU’s advocate Vicki Unsworth told Deemster John Needham that the ACU had admitted liability over the crash in which Mr Mercer had suffered significant and life-changing injuries.
‘Proceedings were issued but it was dealt with by way of an out of court settlement. There was an admission of liability,’ she said.
Ms Unsworth said there had been an ‘error on the part of the marshal’ who released the drivers to return to the Grandstand.
The Deemster asked if the ACU would be vicariously liable for the error, to which she replied ‘yes’.
Mr Counsell, who has been involved in motorsport for 35 years, told the court: ‘This incident has effected my life tremendously.’
He said he was never given any support, compensation or an apology.
His claim form reads: ‘The claimant proceeded to the red flag incident travelling in the direction of the course.
‘After Ballaugh Bridge, on the approach to Ballacrye, without warning an unexpectedly, four competitors passed the claimant’s vehicle on the left hand side. The racers were travelling at speed in the opposite direction of the course.
‘The claimant attempted to reduce his speed and manoeuvre his vehicle out of racing lines over to the right hand side. As the claimant reached for his radio, which was fastened to his chest, to contact Race Control, a fifth competitor, Steve Mercer, collided head on with the front of the claimant’s vehicle.
‘This incident happened in a matter of seconds.
‘The claimant exited the vehicle and ran to where Mr Mercer had landed to provide emergency first aid treatment. The claimant carried his medical box with him to Mr Mercer and removed his helmet to secure his airway. Another competitor and a police sergeant assisted in treating Mr Mercer.’
Mr Counsell said his life and that of the two police officers in the course car, and a number of TT riders including Steve Mercer were put in danger through the ‘negligence’ of the ACU - and he deserved an apology and compensation for ‘my suffering which still continues today.’
‘Had it not been for my actions that day, Mr Mercer would not be here today,’ he said.
‘There were three radios in the car, all they had to do was shout down the radio and I would have stopped immediately. They had time - I know they had time.
‘Had that happened Mr Mercer would not have sustained life-changing injuries,’ he told the civil summary division court.
Mr Counsell issued his claim for damages in December 2022.
Ms Unsworth read out extracts between Mr Counsell and a claims management intermediary and between him and a psychologist which suggested he was having mental health problems in the weeks and months after the collision.
She argued that even taking a generous view, the claim had been submitted about six months out of time - claims have to be issued within three years of the date of knowledge of an injury.
But Mr Counsell insisted: ‘It’s very difficult to talk about this. My problems started in February 2020.
‘I thought I could fight it on my own but it was very hard. I’ve seen a lot of nasty stuff on the TT course that’s not affected me.
‘I knew things were going wrong with me. I was having problems but not the problems I encountered later on.’
Following the Ballacrye collision the ACU ordered an internal investigation which resulted in significant changes to the organisation of the TT and MGP.
But neither Mr Mercer nor Mr Counsell have been allowed to see copies of the investigation report.
Deemster Needham put it to the ACU’s advocate that it could be in the public interest to have ‘some sort of scrutiny’ to ensure such an accident doesn’t happen again.
Ms Unsworth replied that the Rob Jones report would not necessarily be evidence in the case if it went ahead. She said part of the report might be made available but not the whole document.
Deemster Needham said he would reserve his decision and would expect to hand down his judgment on the strike out claim in six to eight weeks.