Car vs Cyclist: Apportionment of Liabilty - Sophie Mortimer, 1 Chancery Lane
08/08/15. Fenella Sinclair (A protected person by her litigation friend & daughter) v Rachel Joyner [2015] EWHC 1800 (QB). The Claimant was cycling along a rural road. She was in the middle of the road, standing on her pedals. She was not wearing a helmet. The Defendant was driving her car along the same road in the opposite direction. She had just come around a bend when she saw the Claimant. She had not been travelling very fast before the bend and she immediately slowed down to around 20 mph. That was the speed she was travelling when she passed the Claimant. Her evidence also was that she was as far over to the nearside of her lane as possible. As the car and and the bike passsed one another their wheels collided. The Claimant lost control and fell. She suffered multiple injuries, including a severe brain injury. She was left with a permanently impaired conscious level...
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