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Old April 13th 08, 03:07 AM posted to uk.rec.cycling
Tom Crispin
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Posts: 4,229
Default 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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