FENELLA SINCLAIR (A PROTECTED PERSON BY HER LITIGATION FRIEND & DAUGHTER REBECCA ROSALINA DA SILVA LIMA) v RACHEL LOUISE JOYNER (2015)
A driver was found liable for brain injuries suffered by a cyclist after a collision between the two parties saw the cyclist deviate into the driver’s side of the road when turning round a bend. Both parties were arguably at fault, a reasonable driver would have stopped to allow the cyclist to safely pass through, however the cyclist’s conduct of cycling in the middle of the road contributed to the material damage caused, assessing her at 25 per cent negligent.
The claimant cyclist required the court to determine liability in a personal injury against the defendant driver. The collision caused the claimant to fall from her bike and sustain a severe brain injury.
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