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Crash
Some of you may recall that just under a year ago I was knocked from
my bicycle by a van turning right to reach a parking bay on the far side of the road. The van ran over the front wheel of my bicycle. I suffered a acromio-clavicular joint separation, and have a permanent lump on my shoulder. I suffer no great discomfort from it now, though I do get a clicking sensation when I swim breast stroke. The defendent is denying liability, and is claiming I am 80:20 responsible, quoting Powell V Moody (1966). I have just Googled Davis v Shrogin (2006), which says "A filtering motorcyclist passing stationary or very slow moving traffic could not be to blame if a collision occurred if the rider had no chance to take avoiding action." Does anyone know any case law invoving a cyclist passing slow moving traffic? The van driver claims he was signalling right. I do not believe this to be the case at the time that I passed the rear of the vehicle he was driving. The van driver claims he stopped and looked to the right. This cannot possibly be true. Had he done so he would have seen me. The van driver claims I "drove too fast in all the due circumstances". My speed was about 6mph, and certainly no more than 10mph. |
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