The claimant had followed vehicles on his motor cycle for a time until he thought it safe to overtake. As he overtook the line of vehicles, the defendant tractor driver pulled out into him causing an accident. The defendant appealed against an order finding him 50% liable.
Held: The judge had glossed over the fact that the defendant behaving correctly could not have avoided the accident, and ‘it appears that the motorcycle moved swiftly out from behind the Transit van in a double overtaking manoeuvre which the defendant had no reason to anticipate, and that that was the overwhelming cause of the accident. I would allow the appeal and hold that the defendant was not negligent.’
Judges:
Potter LJ, Sir Anthony Evans
Citations:
[2002] EWCA Civ 359
Links:
Jurisdiction:
England and Wales
Road Traffic, Negligence
Updated: 29 May 2022; Ref: scu.216796