Wooldridge v George QBD (Judge Walden-Smith) 23rd January 2017

The claimant, who had been drinking, was struck whilst crossing the road between two pubs. The defendant was driving at 20mph, had not been drinking, and was not distracted. Notwithstanding this, she had failed to see the claimant. In all the circumstances, had she been negligent

HELD:

The expert evidence suggested the claimant had been in the road when the defendant was 20 metres away. Although the claimant was wearing dark clothes, the carriageway was well lit and his bare face and arms contrasted with the dark surface of the road. There was nothing preventing him being visible. The defendant should have seen him from approximately 6 metres away and taken evasive action. An emergency stop would not have been required, only a slight steering adjustment. The incident occurred at a junction and a reasonably careful driver would have considered it likely that people would be looking to cross the road.

There was a degree of contributory negligence on the part of the claimant but his carelessness had not been the predominant cause of the accident. He was in the road and ought to have been seen. Contributory negligence was assessed at 30%.

February 17, 2017 · Editorial Team · Comments Closed
Posted in: Cases