ON APPEAL FROM THE PRESTON COUNTY COURT
(HIS HONOUR NIGEL HOWARTH)
Strand, London, WC2A 2LL
B e f o r e :
(SIR JOHN THOMAS)
LADY JUSTICE BLACK
LORD JUSTICE KITCHIN
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Mr Christopher Limb (instructed by Napthens LLP) appeared on behalf of the Respondent.
Crown Copyright ©
President of the Queen's Bench Division:
The facts as found by the trial judge
The trial judge's findings on negligence
"Well before you turn right you should
use your mirrors to make sure you know the position and movement of traffic behind you
give a right-turn signal
take up a position just left of the middle of the road or in the space marked for traffic turning right
leave room for other vehicles to pass on the left, if possible"
Rule 180 stated:
"Wait until there is a safe gap between you and any oncoming vehicle. Watch out for cyclists, motorcyclists, pedestrians and other road users. Check your mirrors and blind spot again to make sure you are not being overtaken, then make the turn."
"It is perfectly possible, and indeed unfortunately in this case, that there was a motorcycle somewhere in this triangle, I think, of invisibility. What he should have done and what would have amounted to discharging his duty to take reasonable care required him to do was to move over his car closer to, and perhaps even over, the centreline of the road before he made his turn so that in his wing mirror (let us call it, we all know it is no longer on the wing of a car but next to the door), could see right down past the side of the four by four and see whether there was anything there. The situation is that as The Highway Code says that before you finally move to take your right hand turn, you should check your mirrors and blind spot again."
He then went on to find that Mr Evitt did not do that and that was causatively responsible for the accident.
The submissions of the parties
Conclusion on negligence
Lady Justice Black:
Lord Justice Kitchin:
Order: Appeal allowed in part