Friday, 12 February 2010

A question of proof

How can a cyclist prove a vehicle has knocked her off her bike? Short of wearing a helmet camera it’s hard to see how anyone could come up with proof. But you’d surely know whether or not a vehicle had “clipped” you.

A cyclist alleged that the defendant coach driver had clipped her offside handlebars as she cycled, causing her to lose control of her bicycle. The defendant's case was that the cyclist had fallen for some other reason and the judge at first instance dismissed the claim, holding that the cyclist had failed to prove it was the coach that caused her fall.