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Hamilton v O'Kane & Anor [2009] EWCA Civ 931 (04 June 2009)

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Motorcyclist and Car Driver Were Equally to Blame for Accident:The Court of Appeal held that the rider of a motorcycle and the driver of a car were equally to blame for an accident that occurred when the car driver emerged from a minor road into collision with the motorcyclist who had been travelling on a major road, causing serious injuries to his pillion passenger. The speed of the motorcyclist had not been of causative importance, nor had the fact that his driving was impaired by the influence of alcohol. The trial judge had failed to give appropriate weight to his own finding that the car driver had emerged onto the major road without looking, which effectively meant that he had failed to keep a proper lookout.

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