Gajdamowicz v First Glasgow Limited and Keith Moffat (2017)

A cyclist raised an action of damages against a bus company for injuries sustained by her in a road traffic collision.

The pursuer submitted that she had been cycling in front of the bus and that the bus had struck the rear of her bicycle and knocked her to the ground.

The bus driver submitted that he had moved to the right-hand lane to overtake the pursuer, but that the pursuer had moved into his path without looking behind her or signalling.

CCTV footage from the bus’s onboard camera confirmed that the pursuer had intentionally moved to the right, and she had not looked behind her before doing this. Further, the pursuer had failed to establish on a balance of probabilities that the defender had failed to give sufficient room when overtaking.

Ultimately, the Judge viewed that the incident had been solely caused by the pursuer. She had been wearing earphones and so had not heard the approach of the bus. The incident would not have occurred had she continued to cycle straight ahead.

To read the full decision, go here >>>

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