A recent decision out of the Supreme Court in Cairns in
the matter of Zavodny v Couper and QBE
Insurance resulted in a victory for an injured cyclist
who took evasive action to avoid a reversing driver.
Evasive action
The plaintiff, Mr Zavodny was riding his electric bicycle
along McIlwraith
Street, South Townsville. He was intending to visit Ede Shade Solutions.
The roadway was fairly wide with spaces for perpendicular parking
outside the store.
As Mr Zavodny was approaching the store, the vehicle driven by
Mr Couper reversed into his path. Mr Zavodny was injured in
attempting to take evasive action.
Although liability was admitted there was a claim on behalf of
QBE that Mr Zavodny had been contributorily negligent for not
keeping an adequate lookout, for travelling at an excessive speed
to negotiate around reversing vehicles and for failing to ride in
the middle of the lane where he would have been more visible to
reversing drivers.
