Description
A Motorist That Broke Sharply For No Good Reason 40% Responsible For Rear-End Collision That Ensued:-
The Court of Appeal held that the trial judge had erred in dismissing the claimant's personal injury claim on grounds that the although the defendant had been driving too close behind the claimant's vehicle, the claimant was wholly responsible for braking for no good reason and thereby causing a rear-end collision. Upon appeal, the Court of Appeal held that the accident could have been avoided if the defendant had kept a greater distance from the claimant's vehicle and driven with more care. The Court of Appeal also held that the claimant was partially at fault in braking sharply for no good reason. However, in driving too close to the rear of the claimant's vehicle, the defendant should bear the greater degree of responsibility. Accordingly, the Court of Appeal upheld the appeal and apportioned liability at 60:40 in the claimant's favour.
