Emerging from a Side Road - Who is to Blame for the Accident?
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It was accepted that she had been unable to see the motorcycle when emerging from the road however the Judge found the driver to be responsible for the accident saying had she seen the motorcyclist on the road the accident would not have occurred and she indicated that on that day it was very busy and heavily parked and knew the area well and it was an error of judgment on her part.
There was no suggestion the motorcyclist was doing anything wrong or that his driving fell below the reasonable standard of a motorcyclist.
After reviewing the previous cases it was found that there is no rule of absolute or strict liability when a car emerges from a minor road onto a major one. What does have to be taken into consideration is the conduct of both of the drivers. If one of them has fallen below the standard required for the particular situation they find themselves in, they may find themselves liable either partially or wholly.
For example, in the present case, if the motorcyclist had been found to have been speeding, the result may well have been justifiably different.
Senior Legal Executive - Personal Injury team
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