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 was not at fault in travelling at the speed at which he was travelling when he passed the bus, there was nothing that he could and should at that stage have done which would have averted the accident. Even if he had been covering the brake and expecting a person to emerge, the impact would have happened within his reaction time. ‘ However the speed of 27.5 mph was too fast. Had he braked as he came up to the bus, the reduced speed would have allowed him to stop. It would be inappropriate to grant a declaration that he was not responsible, irrespective of the separate question whether such an order might ever be correct.
Judges:
Christopher Clarke J
Citations:
[2009] EWHC 567 (QB), [2010] Lloyds Rep IR 358
Links:
Jurisdiction:
England and Wales
Citing:
Cited – Ehrari v Curry and Another CA 21-Feb-2007
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: . .
Cited by:
Principal judgment – Toropdar v D QBD 2-Oct-2009
. .
Cited – Probert v Moore QBD 9-Aug-2012
The claimant, a 13 year old girl, was severely injured walking along the carriageway on a 60mph unlit road at 5:00pm on a December day. A hedgerow obliged her to walk in the road. The defendant driver said that she was contibutorily negligent in . .
Lists of cited by and citing cases may be incomplete.
Negligence
Updated: 23 July 2022; Ref: scu.326989