Defendant driver not liable for failing to anticipate intended breach of rules of the road

Personal injuries – road traffic accident - road markings - the traffic was very heavy and slow-moving - decided that she would turn to her left into the bus lane and would proceed in this lane up to the junction - accepted that she was not entitled to turn into this lane as it was still a bus lane at that point - put on her left indicator - indicator then clicked off automatically once she had straightened up - could not remember definitively whether she had her lights on at the relevant time - she could not remember what speed she was travelling at this time - as she approached the entrance/exit to the supermarket car park, the other car emerged suddenly from her left and proceeded to drive across the bus lane with a view to making a right turn – she was given no opportunity to avoid a collision, and the front of her car impacted heavily with the driver’s side – denied that she was on her mobile phone – engineer evidence – evidence did not support that she slowed down – other driver stated that he proceeded onto the bus lane because the plaintiff had her indicator on and he was certain that she was going to turn left into the supermarket car park - accepted that he had seen her car for a considerable period of time – discrepancies between his PIAB form and own personal injury summons and evidence given – whether indicator was on – denied that he got impatient in traffic – Garda evidence - no allegation made that her indicator had been on – other driver did not state that he thought that she was going to turn into the supermarket car park – Garda evidence that she told her that she was turning left into the supermarket – evidence of the other driver’s wife was supportive of his account - thought this was strange she had proceeded beyond the entrance lane into the car park - left the line of traffic and entered the bus lane before she was entitled to do so - did not create any particular hazard on the roadway - then proceeded down the bus lane and into the designated slip lane for the supermarket car park – she was not breaking the rules of the road - she was entitled to be in the slip lane if she intended turning left into the car park - did not intend to turn left into the car park, but instead was going to travel across the mouth of the entrance/exit to the supermarket car park and proceed back into the bus lane and continue on in that lane until she rejoined a further slip lane which would enable her to turn left – Court preferred the evidence of the other driver and his wife - left indicator was flashing at the time of this accident - entirely reasonable for the the other driver to assume, when he saw her car approaching in the bus lane and indicating with its left indicator, that she intended to turn left into the supermarket car park, as that was the only lawful manoeuvre that she could undertake – she was not intending to undertake a lawful manoeuvre - onus rested on her to take extreme caution when carrying out such an unauthorised manoeuvre.