Malasi v Attmed [2011]

A taxi driver (Attmed) came upon traffic lights at a T-junction. The traffic light was green in his favour. It was dark.

Taxi driver (Attmed's) approach to junction

As he proceeded through the traffic lights a cyclist (Malasi) came out of a street to his left and collided with him. 

Cyclist Malasi Approach to Junction

Importantly, the cyclist had run a red light and had not tried to brake in time to avoid colliding with the taxi. The cyclist was also not wearing a helmet or reflective clothing. He was wearing dark clothing.

The taxi had been travelling over 40mph in a 30mph speed zone.

It was held that both were to blame for the accident.

If the cyclist had not run the red light and if he had attempted to reduce his speed as he approached the junction then the collision would not have occurred.

It was also found that if the taxi driver had adhered to the speed restrictions, then again the collision may have not occurred.

Cyclist - 80% at fault.

Taxi driver - 20% at fault.

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