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ARTICLE · 19 JANUARY 2018

Motorist And Cyclist Equally Liable For Same Mistakes

Brodies LLP
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In this All Scotland Personal Injury Court case (Daly v Heeps and Another [2018] SC EDIN 01) Sheriff Braid found the claimant cyclist and the defender motorist equally to blame.

United KingdomLitigation, Mediation & Arbitration
Elena Fry
Elena Fry
Laura McMillan
Laura McMillan
Kate Donachie
Kate Donachie
Emma Dyson
Emma Dyson

In this All Scotland Personal Injury Court case (Daly v Heeps and Another [2018] SC EDIN 01) Sheriff Braid found the claimant cyclist and the defender motorist equally to blame. That may seem surprising; particularly given the Sheriff's criticism of the defender's credibility, reliability and driving. However Sheriff Braid ultimately concluded that each party could be criticised for the same failures and that therefore, liability should be shared equally.

The accident occurred on an unclassified single track road where the pursuer was part of a three man team taking part in a ten mile cycle race. The defender was travelling in the opposite direction; he was driving a 4x4 vehicle and was towing a boat on a trailer. The pursuer failed to see the defender's trailer (despite his team-mates in front successfully passing the vehicle) and collided with the trailer. The claimant suffered injuries and damages were agreed at £110,000.

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