Am I liable??

[Grahamm]

Powell vs Moody was 80 / 20 in favour of the car driver, and is not superseeded by DvS as that relates to a U turn.

Surely, though, the point is that "the judge found first that the defendant was negligent in making his U-turn without looking properly, or indeed at all, to his right", ie it's not the particular manoeuvre that's relevant, but the fact that he didn't "look properly, or indeed at all"?

AFAICS he attempted to claim "contributory negligence" ie saying that it was (at least in some part) also the biker's fault for overtaking there, which the original Judge accepted, but the Appeal Court denied.

My only other concern here is where it says "That in different situations an overtaking driver may well be guilty of contributory negligence is something about which there can be no debate. But it does not follow that every such driver is" and "Everything depends in those cases and depends in this case on the point at which the overtaking driver was alerted or should have been alerted to the fact that there was any danger ahead."

So the questions are: should the cyclist have looked to see if something was coming before moving out between the bus and the car and should the biker have considered that someone or something might come out as he was filtering, but I can't really answer them.