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OT Interesting Tasmanian case reduces cyclists damages after appeal
In his decision, which was agreed to by Justice David Porter, Chief
Justice Alan Blow said Mr Russell had contributed to the accident by pulling out in front of Mr Chu’s vehicle for no apparent reason. “In my view the respondent’s conduct involved a gross departure from the standard of care required of a reasonable cyclist,” he said. “Any reasonable cyclist in his situation would have done what his companion did, pedalling along the left hand edge of the sealed roadway until the approaching car had passed by. “But the respondent, having turned and seen the appellant’s vehicle approaching, rode gradually into its path without ever again looking behind him. He quite unnecessarily created a dangerous situation when none had existed.” The court ordered Mr Russell’s damages be reduced by 50 per cent as the result of his contributory negligence. http://www.themercury.com.au/news/sc...a2c72858be1764 |
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