Clarke v Windchurch (1969)

A bus driver saw a car that wished to exit from a junction.Clarke_v_Windchurch He stopped the bus to allow him to do so. The bus driver flashed his lights at the car driver who then came slowly across the front of the bus. The front of the car was about a yard beyond the off-side of the bus when the car was struck by a moped rider who had overtaken the bus on the off-side. The bus driver had looked in the mirror but had not seen the moped rider. It was accepted that the car driver had been only just crawling out.

Moped rider 100% to blame

On appeal, the judge stated that cyclists and motorcyclists are entitled to overtake stationary traffic but to do so warrants a very high degree of care and you must ride in such a way that you can immediately deal with an emergency. It should be noted that the dissenting judge would have found the car driver 20% blame.