Parked Cars

Foster (1) v Maguire (2) Irwell Construction Ltd (2001)  

A cyclist collided with a van and trailer blocking the cycle lane in which she was travelling.


The court found that the cyclist was to be held 70% contributory negligent due to the fact that it was reasonably foreseeable that she risked injury by the van and trailer blocking the cycle lane. She failed to keep a proper lookout for her own safety and, as a result, collided with the rear of the van.


Howells v Trefigin Oil & Trefigin Quarries Ltd

An incident occurred when a cyclist rode his bicycle into the rear of a lorry which was projecting slightly into the road.

 




The cyclist was found to be 75% contributory negligent as the lorry was clearly within his line of sight for some time and he should have seen it. The defendant appealed against the 25% appointed to them and, on appeal, the cyclist was found to be 100% responsible.

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