14-02-13, 10:10 PM
(14-02-13, 08:32 PM)Farjo link Wrote: Not that I can find. From Wikipedia (not the most reliable but...) "A recent case (Davis V Schrogin 2006) is lately quoted as a defence to Powell v Moody. However, Davis v Schrogin does not supersede Powell v Moody and that the latter is still considered in out-of-court settlements. This is because in the case of Davis v Schogin, the car driver emerged from a line of traffic to make a U-turn and not from a side road.[original research?]"
AIUI (IANAL) the effect of Davis vs Schrogin is that it simply makes the balance of responsibilities 50/50 in that both parties, ie the driver and the filtering/ overtaking biker are responsible for keeping their eyes open and making sure what they are doing is safe, rather than Powell vs Moody which said that it was mostly the biker's responsibility.
I hate to say it, but based on what the facts appear to be, the biker shouldn't have been overtaking at a junction and putting himself in that position in the first place, although the decision of the CPS not to prosecute despite the Police's view still stinks.