Description
Pedestrian Knocked Over By Speeding Motorist Under The Influence Of Alcohol Guilty Of Contributory Negligence To The Extent of 10%:-
The claimant pedestrian claimed damages for personal injury and loss arising out of a road traffic accident in which he had been knocked down by a speeding motorist under the influence of alcohol in the early hours of the morning. The defendant motorist had previously pleaded guilty to a charge of dangerous driving. The issue for Parker J to determine was the extent, if any, of the claimant's contributory negligence. Parker J held that the claimant had failed to take reasonable care for his own safety in: (a) not using a pedestrian crossing some 10m from where he crossed the road; (b) in crossing the road given the approach of the defendant's speeding vehicle and in view of the fact that the traffic lights for oncoming traffic were green; and (c) in not focusing to his right when crossing. Parker J held that these failures had contributed to the accident and thus damage. However, Parker J held that the defendant driver should bear 90% of the responsibility for the accident as his failings had substan tially caused the accident The claimant was held therefore to have contributed to the extent of 10%.
