Description
The Claimant, aged 14 at the time of the accident, was a cyclist hit by the First Defendant and rendered tetraplegic. The Claimant had pulled out from behind a parked van in to the Claimant's carriageway. The First Defendant was uninsured but the evidence showed that he was driving in to work, was not in a hurry, was driving within the speed limit and was keeping a proper lookout.
It was held that in the circumstances the Claimant had no reasonable opportunity of avoiding the collision. He had been driving within the speed limit in an area where a lesser speed was not required and had been keeping a proper look out. The Claimant had failed to establish liability. The court was aware of the implications for the Claimant, given the injuries he had suffered, but the evidence did not permit any other conclusion.
