A 16 yr old boy was cycling along a footpath at 8pm. It was dark, although there was street lighting.

A motorist was driving a car along the road beside where the cyclist was travelling. The cyclist rode his bicycle off the footpath and onto the road at an angle to the car. A collision occurred.

The cyclist sustained significant head injuries. The Defender was driving above the speed limit.

Plethean Hubble v Coles Reconstruction Graphic

Driver 50% to blame.         Cyclist 50% to blame

The Judge, at first instance, reduced contributory negligence from 50% to 1/3rd on the basis a 16 year old in England isn't an adult. On Appeal, the Court said 50/50.

Read the full decision here.

 
 

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