100% Liability For Cyclist In Bus And Bike Collision

Roksana Gajdamowicz v First Glasgow Limited and another

When a bus collides with a cyclist there is a strong presumption that the bus driver is at fault. However in a recent All Scotland Person Injury Court decision, the Sheriff found that the bus driver wasn't to blame at all. The facts and circumstances of this case are a little unusual but it shows that it is possible for cyclists to be found fully responsible for collisions with larger vehicles.

In this case the All Scotland Personal Injury Court was asked to determine liability between a bus and a bicycle. Unusually the Sheriff found that the bus driver was not to blame at all. The cyclist claimed that she was proceeding straight ahead in a bus lane when she was struck by a bus from behind. The bus driver claimed that the cyclist pulled in front of his bus as she changed lanes. The cyclist was knocked unconscious during the incident and suffered retrograde amnesia as a result. Her evidence was