The claimant had stepped out from behind a vehicle and was struck by the defendant’s truck. The defendant appealed a finding of 30% negligence, saying he had only one second to avoid the impact. He did not see her, but his passenger did.
Held: The scene was busy as school closed. The judge was correct however to say that the driver might have avoided a collision if he had seen her by swerving.
Pill LJ said: ‘a driver exercising reasonable care cannot be expected to focus his attention in a number of different directions when driving in a busy high street’
Judges:
Pill LJ
Citations:
[2007] EWCA Civ 120
Links:
Jurisdiction:
England and Wales
Cited by:
Cited – Toropdar v D QBD 20-Mar-2009
The claimant car driver sought a declaration that he was not responsible for an accident. He had been driving along when the 10 year old boy ran out into his path suffering catastrophic brain injury.
Held: ‘on the assumption that Mr Toropdar . .
Cited – Jackson v Murray and Another SC 18-Feb-2015
Child not entirely free of responsibility
The claimant child, left a school bus and stepped out from behind it into the path of the respondent’s car. She appealed against a finding of 70% contributory negligence.
Held: Her appeal succeeded (Majority, Lord Hodge and Lord Wilson . .
Lists of cited by and citing cases may be incomplete.
Road Traffic, Negligence
Updated: 09 July 2022; Ref: scu.248928
