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Burton v Evitt [2011] EWCA Civ 1378 - 28/10/11


C was overtaking a stationary line of traffic on his motorcycle by passing vehicles on their offside. D was stationary at the front of a line of traffic and indicating to turn right. Due to the presence of a large vehicle behind D he did not have a clear view behind him. He began to turn right and collided with C.

C had been driving at an unsafe speed and in such a way that he could not deal with an emergency situation. Had D edged closer to the centre of the line in the road he would have been able to see C approaching from behind in his wing mirror (around the larger vehicle). There was a differentiation in causative potency and degree of blameworthiness. Because D could not see behind him, he should have taken the elementary step to ensure that he could. C's negligence, however, was of a very high order. Contributory negligence was assessed at 80%.