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Eric Davis v Maxim Schrogin

Once a judge had found as a primary fact that a motorcyclist was so close to the point of impact with a vehicle executing a u-turn that he could not have avoided the resulting collision, there was simply no basis for any finding of contributory negligence on the part of the motorcyclist.

7 July 2006

The appellant motorist (S) appealed against a finding that he was solely to blame for a road traffic accident, and that the respondent motorcyclist (D) had not been contributorily negligent. S, who had been driving a car, had been stuck in a traffic jam on a straight section of a single lane A road. D had been riding his motorcycle on the same road, in the same direction, and as there had been nothing oncoming in the opposite lane, he was able to overtake the stationary queue. S decided to execute a u-turn to get out of the queue, and moved slightly to the left before executing that manoeuvre. Although D’s motorcycle had been there to be seen, about five car lengths away, as S pulled out into the opposite lane, he looked only to his left. S did not see D until he collided with his motorcycle. D sustained serious injuries, and subsequently issued proceedings against S in negligence. S contended that five to ten seconds had elapsed between his move to the nearside lane and the colli...

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