Primary responsibility to avoid road traffic collision rested with motorist rather than cyclist

Personal injuries – road traffic accident – appeal of High Court apportionment of liability found by the trial judge i.e. 85% as against her and 15% against the defendant and also his award of general damages in the sum of €60,000 – plaintiff held to be guilty of contributory negligence to the extent of 85% – whether the primary obligation rested with the plaintiff to avoid the collision – Regulation 13 of the Road Traffic (Traffic and Parking) Regulations 1997 – s. 34 of the Civil Liability Act 1961 – High Court judge erred when he concluded that primary responsibility to avoid the accident which occurred in this case rested with the plaintiff – court would substitute a finding of 60% negligence on the part of the defendant and 40% on the part of the plaintiff – award made by the trial judge was not in my view sufficiently disproportionate such that it ought to be set aside and replaced by a greater reward – appeal allowed in respect of liability.