12-12-16, 06:05 PM
Split responsibility typically, the degree of blame for each party depends on the exact circumstance.
Car should ensure that the road is clear before pulling out, but the cyclist (or motorcyclist) should be riding in a fashion that would give him the ability to stop in time of such an eventuality - particularly given that there is a side road there.
Would greatly depend as to the manner of accident - I am assuming in this case the car has pulled out and cyclist has gone into the side?
Case law in point [color=rgb(51, 51, 51)]Leeson v Bevis Transport (1972)[/color][color=rgb(51, 51, 51)]Worsford v Howe (1980)[/color]
Car should ensure that the road is clear before pulling out, but the cyclist (or motorcyclist) should be riding in a fashion that would give him the ability to stop in time of such an eventuality - particularly given that there is a side road there.
Would greatly depend as to the manner of accident - I am assuming in this case the car has pulled out and cyclist has gone into the side?
Case law in point [color=rgb(51, 51, 51)]Leeson v Bevis Transport (1972)[/color][color=rgb(51, 51, 51)]Worsford v Howe (1980)[/color]