A cyclist raised an action of damages against a bus company for injuries sustained by her in a road traffic collision.

The pursuer submitted that she had been cycling in front of the bus and that the bus had struck the rear of her bicycle and knocked her to the ground.

The bus driver submitted that he had moved to the right-hand lane to overtake the pursuer, but that the pursuer had moved into his path without looking behind her or signalling.

CCTV footage from the bus’s onboard camera confirmed that the pursuer had intentionally moved to the right, and she had not looked behind her before doing this. Further, the pursuer had failed to establish on a balance of probabilities that the defender had failed to give sufficient room when overtaking.

Ultimately, the Judge viewed that the incident had been solely caused by the pursuer. She had been wearing earphones and so had not heard the approach of the bus. The incident would not have occurred had she continued to cycle straight ahead.

To read the full decision, go here >>>

Related Articles

Cycle Law

Liddle v Bristol City Council

Case Law Cycle Law
February 12, 2024

Cyclist fatally injured after losing control of bicycle and falling into water. 

Junction off Dundas Street in Edinburgh

Moffat v Zenith Insurance PLC

Case Law Cycle Law
February 12, 2024

Case Law: A cyclist undertakes a car on the nearside whilst passing a junction and is hit when the car suddenly turns left across his path.

Cycle Law

Davidson v Garner 1995

Case Law Cycle Law
February 12, 2024

A cyclist was knocked off his bike when he attempted to turn right by riding across the path of an oncoming vehicle without warning.

Is it worth 5 minutes of your time?

A quick phone call allows us to ask you a few questions about what happened to you and determine whether we can help. 

This form collects your name and phone number so that we can contact you. Check out our Privacy Policy for more detail on how we store, process and protect your submitted data. If you choose not to consent, please use an alternative contact method shown on our Contact page.

Get in Touch