Thread: Well...gosh!
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Old 13-10-08, 09:41 AM   #25
Stu
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Default Re: Well...gosh!

Quote:
Originally Posted by Ace-T View Post
On thing that was said by the top bike copper there though was that filtering is completely at the bikers own risk due to precedent set by a specific case a few years ago.
That's a shame that they are still spouting out of date/superseded case law I know it helps them to get the message across, but if it does happen I would rather know the latest beneficial case law.
I presume he was referring to Powell v Moody. You should now be referring to Davis v Schrogin

Quote:
Mr Schrogin was stuck in a traffic jam in his car on a straight road. Mr Davis was riding a motorcycle along the same road in the same direction and was able to overtake the stationary queue as nothing was coming in the opposite direction. Mr Schrogin decided to leave the queue by executing a U-turn. Although Mr Davis' motorcycle was visible, Mr Schrogin did not see him until his car collided with the motorbike. Mr Schrogin accepted in evidence that he was looking the wrong way. Mr Davis first saw Mr Schrogin's car moving towards the kerb in preparation for the u-turn and was no more than five cars' length back from the point of impact.

The trial judge found Mr Schrogin negligent in making the u-turn without looking properly, and that Mr Davis was not to blame. Mr Schrogin argued that Mr Davis had accepted that he had paused to react and was contributory negligent. The Court of Appeal held that Mr Davis was so close to the point of impact that he could not have avoided the collision, so there was no basis for a finding of contributory negligence.
http://www.toppingpartnership.co.uk/...01&h=350&f=351
Quote:
Filtering past junctions (right and left) is a no-no due to the likelyhood of the cage-numpty doing something daft.
Also I prefer to think for myself at every situation rather than just follow set rules. But it's not a bad rule to follow.

Last edited by Stu; 13-10-08 at 09:44 AM.
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