Description
D, a coach driver, had stopped at a T-junction, intending to turn right into a single carriageway A-road. To her left there was a queue of stationary traffic. To her right there was a tractor which had left a gap enabling D to pull out and turn right. C, a motorcyclist, was overtaking the queue to D's right (including the tractor at the front of the queue). D pulled out slowly at an angle, rather than straight on, but did not have a clear view of traffic to her right. C collided with the front offside of the coach.
By moving out at an angle D's view to the right was obscured longer than it would have been had she been pulling out in a straight line. C was familiar with the road and the junction, and there was a real possibility that traffic could emerge from the junction to his left. He was overtaking the traffic at a speed that did not allow him to take evasive action in the event that a vehicle did pull out. The trial judge found D 70% liable, whilst C was 30% liable.
The Court of Appeal substituted a finding of 50% negligence to both parties. The accident would not have happened if D had only waited until there was a clear view before turning. Equally, the accident would not have happened if C, contrary to the Highway Code, had not been filtering up the offside of a line of traffic when the gap gave rise to a foreseeable risk that a vehicle would emerge from the junction. There was no reason to differentiate between the two parties blameworthiness.
