Vicc wrote: I noticed the car at the junction (approx 15-20 yards before I reached it) I was cycling leisurely in 5th gear. The car was stationery as I approached it, but when my front wheel came in line with the car, the car started to edge forward and there was nothing I could do to avoid the accident.
But the accident was completely avoidable if you hadn't gone down the one way street the wrong way.
I suspect that even if the driver is found to be at fault any damages will be reduced because of the fact you were cycling the wrong way down a one way street. There is a couple of cases referred to on the website of Russell Jones & Walker which might be relevant.
www.rjw.co.uk/ctc/q-a-from-cycle-magazine
"When conducting a manoeuvre that is fraught with danger, there is a duty on the cyclist to take extra care for his own safety. A cyclist travelling too fast when overtaking is likely to be found the author of his own misfortune to a large degree, with a resultant reduction in any damages awarded. A failure of a driver to indicate, or do so at the last moment, would be taken into account by a judge when assessing primary liability and contributory negligence, as would breaches of the Highway Code generally. However, it is worth noting that there is no principle of law laid down in the reported authorities and every case will turn on its own facts."
I would suggest that riding against the traffic flow is "fraught with danger".
A motorcyclist found to have carried out a dangerous manoeuvre had his damages reduced by 80%
"For example, in the case of Powell v. Moody, a motorcyclist overtook a stationary line of traffic two abreast and was struck by a defendant’s car exiting a side road to his left. The Court of Appeal held that an apportionment of 80% blame on behalf of the motorcyclist was reasonable, because any vehicle which jumped a queue of stationary vehicles was undertaking an operation fraught with great hazard and which had to be carried out with great care."
But who knows? Maybe a court will find the driver to be almost entirely to blame. Please let us know the final outcome.