Garston Warehousing Co v O F Smart (Liverpool) Ltd (1973)

A bus driver stopped and signalled to a car driver that he could pull out of a side road onto the main road.

The car driver relied on this and slowly pulled onto the main road. At this point the bus driver saw a motorcycle approaching from behind and sounded his horn, flashed his indicator and gave a hand signal to try and warn the car driver of the motorcycle’s approach.

The car driver ignored the warning and collided with the motorcycle who was filtering up the side of the stationary bus. The car driver should have stopped after passing the bonnet of the bus. The motorcyclist failed to consider the possibility of a vehicle emerging from the side road.

Driver 1/3rd to blame                 Motorcyclist 2/3rds to blame

Garston Warehousing Co v O F Smart (Liverpool) Ltd (1973)

Please have a look at more decisions below. Remember, no two cases are the same: your case is unique, the accident circumstances are unique and each case is fact sensitive.

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