Adams v Gibson (2016) QBD (Judge Freeman) – 26 October 2016 [Doc No: AC9402056]
The court determined liability and contributory negligence as a preliminary issue in a claim for personal injury brought by the Claimant, a pedestrian, who was struck by the Defendant’s vehicle while attempting to cross a road. The Claimant, who had been drinking, sustained serious brain injuries and consequent loss of capacity.
Held: (1) On the balance of probabilities, the accident had occurred at about 20-25 mph just before a raised pedestrian crossing; (2) before crossing, the Claimant had briefly stopped at the kerb, which allowed time for the Defendant to brake; it was foreseeable that the Claimant might step into the street, and yet the Defendant had failed to observe him or slow down such as to avoid a collision; he therefore failed to exercise the care of a reasonably prudent motorist; (3) the Claimant had not only failed to look right before crossing but he had also chosen not to cross at the crossing itself; had he done so, the collision would have been avoided. His failure to take care was linked to his alcohol consumption. The court gave judgment for the Claimant, but discounted damages by one third due to contributory negligence.