Bemner v Westwater: HCJ 1993

A police officer was driving in the opposite direction to the accused. He came round a bend in the road to face two vehicles, one was driven by the accused overtaking the other vehicle. He was in the police officer’s path. The officer braked, skidded and mounted the nearside verge, thus avoiding a head on collision. The sheriff had held that an accident had occurred owing to the presence of the accused’s vehicle on the road and that the requirements of s2(1) of the 1988 Act had been met.
Held: The appeal failed. The Lord Justice General said that the word ‘accident’ was to be given a commonsense meaning. It was not restricted to untoward or unintended consequences having an adverse physical effect.


Lord Hope


(1993) 1994 SLT 707


Road Traffic Act 1988 2(1)



Cited by:

CitedCurrie, Regina v CACD 26-Apr-2007
The defendant appealed his conviction for dangerous driving. The failure of the police to serve him with a notice of intended prosecution invalidated the conviction. The police replied that there was no need for such a notice because there had been . .
Lists of cited by and citing cases may be incomplete.

Scotland, Road Traffic

Updated: 26 July 2022; Ref: scu.251525