The claimant was a passenger in a car driven by the first defendant. He was injured when the driver turned right at traffic lights, in front of a van approaching. The traffic lights were at green for both vehicles. The question was as to the possible liability of the driver of the van. The judge had found that the first defendant was unlikely to have indicated to turn right, but that the van had accelerated. Had the driver been paying proper attention he could have avoided the accident, and the van driver had been found to be 20% responsible.
Held: There had been no evidence before the judge to found his assessment that thevan had not already entered the junction by the time the first defendant turned across his path. There was therefore no basis for finding contributory negligence on the van driver’s part, and the van driver’s appeal succeeded.
Judges:
Roch, Thorpe, Buxton LJJ
Citations:
[1997] EWCA Civ 2701
Jurisdiction:
England and Wales
Personal Injury, Road Traffic, Negligence
Updated: 10 November 2022; Ref: scu.143100