The claimant cyclist suffered serious injury in a collision with a car driven by the defendant. The defendant appealed against a finding that he was two thirds responsible. The case for the injured cyclist was that the motorist was going too fast. The case of the motorist was that the accident would probably still have occurred in any event even if he had been travelling at a reasonable speed.
Held: The driver’s appeal failed. Longmore LJ said: ‘The injury which occurred was injury of a kind likely to have been caused by that breach: see Clerk and Lindsell, Torts, 20th Edn, para 2-07. In these circumstances I do not consider that it is necessary for the claimant to prove positively the negative proposition that the accident would not have occurred if the defendant had been going at a safe speed; realistically it should be for the defendant (who has already been found to be in breach of duty) to show that even if he had been driving at a non-negligent speed, the accident would still have occurred. The judge was not satisfied that that was the position and neither am I. The claimant should succeed.’
The finding that the defendant was driving five mph above the speed limit, and should have been driving below it was supported by evidence, and the appeal court should not disturb that finding.
Longmore, Black, Tomlinson LJJ
[2012] EWCA Civ 349
Bailii
Law Reform (Contributory Negligence) Act 1945 81
England and Wales
Citing:
Appeal from – Phethean-Hubble v Coles QBD 24-Feb-2011
The claimant had been very severely injured when knocked from his cycle by the defendant’s car. He had come out onto the roadway at night but without cycle lights, and into the path of the car. The claimant was not wearing a helmet.
Held: . .
Cited – Lunt v Khelifa CA 22-May-2002
The claimant pedestrian had been injured when hit by a car driven by the defendant as she stepped into the roadway. Both parties appealed against the assessment of contributory negligence. The claimant had a blood alcohol level three times that . .
Cited – Eagle v Chambers CA 24-Jul-2003
The claimant was severely injured when run down by the defendant driving his car. She was in Blackpool, and drunk and wandering in the highway. The defendant was himself at or near the drink driving limit. She appealed against a finding that she was . .
Cited – Lamoon v Fry CA 29-Apr-2004
A collision occurred between a motor car and a cyclist. The driver appealed a finding that he had been driving too quickly, and that that was a cause of the accident. The claimant had cut across a right hand corner of the narrow unmarked lane. The . .
Cited by:
Cited – Robbins v London Borough of Bexley CA 17-Oct-2013
The claimant said that his house had been damaged by tree roots for which the appellant was responsible. The trees were 33 metres from the house.
Held: The appeal failed. The immediate cause of the damage was a failure to do something which . .
Lists of cited by and citing cases may be incomplete.
Personal Injury, Negligence
Updated: 02 November 2021; Ref: scu.452203