Mr Snow began to cross the road near a road junction and not far from a pedestrian crossing which had a central refuge.

He threaded his way through the northbound traffic which was stationary then stood in the middle of the road just over the centre white line looking to his left for any approaching southbound traffic.

Whilst standing there, he was struck from his right by Giddin’s motorcycle which was travelling north overtaking the stationary vehicles.

On appeal, it was held that Mr Snow was not negligent in failing to use the crossing but was negligent in taking on himself the hazard of being marooned in the centre of the road at the mercy of oncoming traffic instead of crossing where there was a central refuge.

He was deemed to be 25% to blame.

A pedestrian who elected not to use a crossing took upon himself a higher standard of care.

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