McGeer v Macintosh [2017] EWCA Civ 79

The Court of Appeal (Treacy, Christopher Clarke, Richards LLJ) determined an appeal brought by an HGV driver in which the respondent cyclist had sustained very severe injuries. The HGV driver had been intending to turn left at a junction and as he had done so, the respondent came from behind the appellant’s vehicle and collided with it. At first instance the judge found that the appellant was negligent, in that the respondent would have been visible in the appellant’s nearside rear-view mirrors for roughly 3 seconds before he had moved off and had he made a reasonably careful check, he would have seen her. Further, the appellant accepted that the road configuration gave the impression to someone coming from behind that he would be moving to his right, and he had failed to exercise reasonable care in carrying out further checks before starting to turn left. However, the respondent had to bear some responsibility for making unreasonable assumptions about where the HGV was intending to proceed and she had failed to heed the advice in the Highway Code requiring cyclists to pay particular attention when long vehicles made left turns at junctions. The judge apportioned fault to the respondent of 30%.

Held: the judge had considered the relevant evidence and drawn conclusions from the situation as he found it to be which justified a finding of negligence. Further, the judge’s conclusions on contributory negligence could not be impugned. While he found that both parties were at fault in the respects identified, it was appropriate for him to take into account the causative potency of the HGV, given the likelihood of very serious injury to a cyclist in the event of a collision. The size and bulk of the HGV were such that in the event of collision it constituted a very serious danger to a person in the respondent’s position.

April 28, 2017 В· Editorial Team В· Comments Closed
Posted in: Cases