Sinclair (a protected party by her litigation friend) v Joyner [2015] EWHC 1800 (QB)

As the Defendant drove past the oncoming, cycling Claimant there was an alleged collision between the offside of the bicycle’s front tyre and the rear offside tyre of the car, causing the Claimant to fall to the right and on to the road, striking her head and suffering serious injuries. The driver was found negligent in not responding to the hazard that presented in the road: she should have stopped the car to allow the cyclist to safely pass. The Claimant was found to have contributed to the accident by her own negligence by cycling too closely to the middle of the carriageway. Whilst a failure to wear a helmet had been an alleged contributing factor, it was not relied on at trial and was therefore disregarded. The reduction for contributory negligence was determined at 25%.

July 15, 2015 В· Editorial Team В· Comments Closed
Posted in: Cases