Checklist—road traffic accident defences


Published by a ½Û×ÓÊÓƵ PI & Clinical Negligence expert
Flowcharts

Checklist—road traffic accident defences


Published by a ½Û×ÓÊÓƵ PI & Clinical Negligence expert

Flowcharts
imgtext
DefencePrincipleFurther reading
Contributory negligenceWhere the defendant is primarily responsible for the accident, they may allege the other party was guilty of contributing to the accident. The issues to consider are:

—which parties were at fault in the accident?

—in what proportion should the damages be apportioned having regard to the respective responsibilities of those at fault?		Practice Note: Contributory negligence in personal injury claims
Contributory negligence for failure to wear a seat beltAs a general principle:

25% deduction to damages—if wearing a seat belt would have prevented the injuries sustained

15% deduction to damages—if wearing a seat belt would have made a considerable difference to the injuries
Powered by Lexis+®
Jurisdiction(s):
United Kingdom

Popular documents

Accidents abroad—a practical guide

Accidents abroad—a practical guideSTOP PRESS—Impact of the Retained EU Law (Revocation and Reform) Act 2023: This document contains references to retained EU law (REUL) and associated terms introduced by the European Union (Withdrawal) Act 2018 in connection with Brexit. From 1 January 2024, REUL

Psychiatric injury—establishing liability

Psychiatric injury—establishing liabilityLiability for psychiatric injury is dependent in part on the nature of the injuries suffered and the manner in which they were sustained.Classifying the victimWhere a claimant suffers both physical and psychiatric injury (even if the physical injury was very

Issuing claims—safety in numbers (Abbott v Ministry of Defence)

PI & Clinical Negligence analysis: This appeal judgment of the Divisional Court deals with the permissibility of issuing more than one claim on a single (group) claim form. It provides guidance on the procedure to be adopted when issuing claims for multiple claimants with related or similar

The employer’s duty of care

The employer’s duty of careOverriding dutiesAt common law, an employer is under a duty to take reasonable care of the health and safety of its employees in all the circumstances of the case so as not to expose them to an unnecessary risk.This duty of care extends to the employee’s physical and