The claimant motorcyclist passed a stationary lorry turning right. The defendant’s car emerged slowly from in front of the lorry to turn right. The car and cycle collided.
Held: The claimant failed. The judge had considered the facts carefully. The cyclist was described as reckless, and the car driver very cautious. ‘That is not to say that in all such cases a driver who fails to nose-poke or emerges continuously at ‘about 5 – 8 miles per hour’ will avoid a finding of negligence. It is common ground in this case and bears emphasis that cases such as this are very fact-sensitive.’
Judges:
Pill LJ, Wall LJ, Maurice Kay LJ
Citations:
[2007] EWCA Civ 403
Links:
Jurisdiction:
England and Wales
Road Traffic, Negligence
Updated: 10 July 2022; Ref: scu.251636