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Clenshaw -v- Tanner (J)

2 April 2002
The issues

RTA – cyclist – contributory negligence.

The facts

The Claimant was cycling in a cycle lane on a main road. He was travelling faster than the cars queuing to his offside. A vehicle ahead of him turned left across the cycle lane to go into a petrol station. The Claimant hit the rear of the vehicle and was injured. The Judge found that the Defendant’s vehicle slowed before turning and that the driver indicated in good time; the Claimant had his head down as he approached the turning and that the Defendant’s vehicle was well into the station turning slowly when it was hit by the Claimant.

The decision

1. The Defendant had crossed the cycle lane without making sure that it was safe to do so.

2. The Claimant had failed to see or had ignored Defendant’s signal.

3. Liability was established against the Defendant but Claimant was liable for contributory negligence to the extent of 50%.

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