The claimant motor-cyclist sought damages against a tractor driver who had emerged from a field to the cyclist’s left with tractor and trailer. The tractor driver’s evidence was that the cyclists’ had gone over a blind summit on a narrow road at a speed of 70mph.
Held: The tractor driver knew of the danger of the exit and had failed to take an alternative. Equally the claimant was driving far too fast, and: ‘the Claimant was at fault in driving much too fast under the circumstances. I consider that he was two-thirds to blame for the collision that occurred.’
Supperstone J
[2015] EWHC 1379 (QB)
Bailii
England and Wales
Negligence
Updated: 30 December 2021; Ref: scu.546847
