Is this the right call from the Appeal Court?

[richfzs]

Given that text from Grahamm, it does seem as though there is some blame to the biker - to my mind, if he only had 3 seconds (accepting Grahamms assertion that that's a wild guess), then he was either travelling at warp speed (which seems not to be the case), or didn't make a move that should have been achievable?

Although thinking about it - I dont know that area at all, but my impression is that its pretty flat (dare I say featureless?) - how many lanes down there have bends you cant see a truck over the vegetation (assuming your observation is all it could be)?