Primary Liability and Ultimate Outcome on Contributory Negligence
Our client was a Pedestrian. She was crossing the single road carriageway when the lights turned from amber to red within seconds of the light changing on the Pedestrian crossing and traffic lights.
The Claimant suffered life changing injuries.
The Defendant who was travelling on a moped overtook a line of stationary traffic at the lights, with the vehicle at the front of the queue of traffic being a double decker London Bus.
The Defendant overtook the line of traffic on approach to a junction with zig zag lines on the roadway.
The Defendant failed to consider any Pedestrians that may have required further time to cross the road on the light controlled Pedestrian crossing.
The Defendant was charged with driving without due care and attention and was disqualified from driving and fined.
The Defendant was also found to be driving without insurance by the Magistrates in the criminal proceedings.
The main issues surrounded liability and contributory negligence.
The Parties considered the CCTV footage and Police evidence. The two independent witnesses within the Police report stated that the Pedestrian crossed the road on the red light and that she was also listening to music/had headphones in her ears.
The Defendant conceded that the Second Defendant was primary liable.
The Defendant sought to seek a high percentage in relation to contributory negligence, which was more than 50%.
Having considered various judgments and Counsel’s advice on what the Court would award in relation to contributory negligence, Law Lane Solicitors negotiated contributory negligence to 35% in favour of the Claimant.
The First Defendant has also agreed to adopt and to fund rehabilitation that the Claimant requires and has agreed to make interim payments and wishes to help assist the Claimant with their recovery.
