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Morrow v Bowley, Exeter County Court, 25 March 2004

1 April 2004
The issues

Road Traffic – Cyclist – Cyclist on pavement – collision at junction.

The facts

The Claimant was cycling down Heavitree Road, Exeter in the same direction as a 40-foot coach. The Claimant approached a turn to his left hand and began to cross it. The Defendant driver was turning right into the same road from Heavitree Road, having been flashed by the bus driver. She had completed her turn into the side road at the time of the collision. The driver did not see the cyclist until the collision. The cyclist claimed he was on the road on the inside of the bus. The driver of the bus saw him “at 30 mph” and “head down” and saw him raise the front wheel to hop off the pavement straight into collision with the rear passenger door of the Defendant’s car. Cyclist and bike went over the driver’s car, and cyclist was injured.

The decision

1. The cyclist was on the pavement prior to the collision as evidenced by the position where he fell and the bus driver’s evidence.

2. The driver had completed her turn into the side road.

3. The driver had had no opportunity of avoiding the cyclist. Whilst it was reasonably foreseeable that a pedestrian might step off the pavement, it was not reasonably foreseeable that a cyclist travelling at speed would do so.

Claim dismissed.

Comments

For further information please contact Jessica Ross at jessicaross@veitchpenny.co.uk or Hugh Hamill at Hamill@12kbw.co.uk.

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