Garratt v Saxby (2004)

A collision occurred between a cyclist and a large Ford Transit van at a complex junction which was known to be particularly dangerous to the van driver. Cyclists had right of way at the junction and were encouraged to proceed beyond the stop line for cars up to the stop line at the traffic lights.

Garratt v Saxby Accident Locus

At the time of the accident, there were cars waiting just short of the first solid white line as shown above. The cyclist was proceeding on the nearside past the waiting cars towards the traffic lights. The van came from the right across the junction. The cyclist was probably not easy to see as the view of the van driver would have been blocked by the queuing cars. Likewise, the cyclist's view of the van would have been obscured. The Judge agreed the van driver took only a cursory look around to see if the cyclist was coming. Neither party could remember having seen the other.

Whilst the van driver was to blame as the cyclist had right of way, both parties should have been more cautious traversing this junction, especially as vision for both parties was impaired.

Van driver 60% to blame                         Cyclist 40% to blame.

You can read the Court of Appeal decision here

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