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Heaton v Herzog

[2008] EWCA Civ 1636; [2009] RTR 381

The Claimant motorist pulled out of a side road onto a straight single carriageway road. As she turned to the right she was hit by the Defendant motorcyclist, who was travelling at a speed significantly above the 30 mph speed limit. He died as a result of his injuries. The trial Judge found the motorist wholly blameless. The Court of Appeal held that a driver turning right into a major road has a duty to take extreme care before and during the manoeuvre. Had she been keeping a proper look-out she would have seen the motorcycle and had an opportunity to avoid the accident. Motorist held 25% to blame.

Richard Menzies / 3rd Dec 2008


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