‘Two motorists drive alongside each other on a dual carriageway at speeds approaching twice the speed limit, each determined to be the first to reach the point where the road narrows to a single lane and refusing to give way to the other. As the road begins to narrow, the motorist in the inner lane loses control of his vehicle and collides with other vehicles on the opposite carriageway, sustaining fatal injuries. His partner brings a claim for damages under the Fatal Accidents Act 1976. In order to succeed it must be shown that the deceased would himself have been entitled to succeed in a claim for damages for negligence against the other driver. Issues of causation, ex turpi causa and contributory negligence arise.’
Judges:
Males J
Citations:
[2018] EWHC 3088 (QB)
Links:
Jurisdiction:
England and Wales
Personal Injury, Negligence
Updated: 17 June 2022; Ref: scu.628909
