Clarke v Windchurch (1969)

A bus driver saw a car that wished to come out. He stopped the bus to allow him to do so. The bus Clark v Windchurch 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 was 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 this 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.

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