Higgins v Johnson (2008)

A car was approaching a rugby ground on the right and indicated to turn into it. The car had commenced its manoeuvre when it was struck by a motorcycle which was overtaking. The court heard evidence that the car driver first indicated left, then right, then left and then finally right again. The motorcyclist held back but once he believed that the car driver appeared to have settled on a course of continuing straight ahead, he pulled out to overtake.

The court accepted independent witness evidence that the car did indicate left, right, left and then right. The final indication happened when the motorcyclist had already begun to overtake.

The court held that the car driver failed to check her mirrors or look over her shoulder and, had she done so, she would have seen the motorcyclist.

However, the court also found that the motorcyclist was aware there was an indecisive, erratically indicating, driver ahead of him yet he proceeded to overtake her on a yellow boxed junction.

Car driver: 75% to blame           Motorcyclist: 25% to blame

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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