Description
The Highway Code and Contributory Negligence. Judge Mackie QC held that a breach of the Highway Code, if established, did not create a presumption of negligence, but was merely a factor to be taken into account when considering the issue. The defendant adduced evidence that suggested that the claimant had not continued to look down the road before moving out from behind a van. However, the judge felt that on the evidence available he had probably taken adequate steps to look out before crossing the road but was deceived by the speed of the oncoming vehicle.
