Cyclists and Liability

  • Road Traffic Incidents
  • Highway Incidents
  • Satutory Defence
  • Pre-action Protocol and Disclosure
  • Contributory Negligence in Highway Claims
  • References

    h3. Author Sue Bence

    h2. Introduction

    If you are acting for a cyclist, take care to research the case law on liability relating to this particular class of road user since some of the decisions of late have been surprising. Should your client’s case concern the issue of contributory negligence arising from his or her failure to wear a cycle helmet, you are unlikely to find a more comprehensive romp through the legal history on this point, than in Julian Fulbrook’s article Cycle Helmets and Contributory Negligence in Issue 3/04 of the Journal of Personal Injuries Litigation (JPIL).

    If you are new to cycling claims or don’t come across them very often, then the following will give can be used as a quick reference guide to some of the key issues in RTA and Highway Liability cases which are the two most common areas.

    The Highway Code (180) identifies cyclists amongst the most vulnerable of road users making specific provision for motorists to take particular care when using the public highway, in consideration of cyclists (187 & 188)

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