A sad case which explains the approach which will be taken by Courts where a child is not sitting in the correct child safety seat.
A child called Emma was sitting in the rear of her mum’s car. They were driving along quite normally when a car came towards them, came across the road, and there was a collision. The driver at fault died from his injuries. His insurers admitted liability.Continue reading “Child seat not of correct size”
Road accidents caused by roads in poor condition are not always easy to pursue against the highway authority. This might seem odd, but the highways are maintained by the State, so the State gets to set the standard.
Here is an example of a decided High Court case where a vehicle overtook on a minor road. The wheels on the driver’s side of the overtaking vehicle were caught in a series of pot holes which tramlined the vehicle. The road had no kerb stones at the edges. The driver steered sharply to the left but lost control and left the road on the left side. Miraculously the car being overtaken was not hit, but the occupants of the overtaking car came off badly.
So what must the driver of the overtaking car prove to show the highway authority is liable to pay compensation for personal injuries?
I am pleased to bring you the Committee findings as I was one of those who provided evidence.
Fraud is one of the main factors driving up the cost of motor insurance, says the cross party transport committee of the House of Commons. Wider access to justice should not provide a licence to make false personal injury claims under car insurance policies. A dedicated police unit – paid for by the insurance industry – should be established to tackle this escalating problem.
The concept of contributory negligence is based on a claimant being partly responsible for the damage. The clearest example is a car driver who does not wear a seat belt. Not wearing the seat belt does not cause the accident, but it contributes to the damage – the injury.
Contributory negligence needs some explanation.
Contributory negligence is sometimes called partial fault, but this is confusing. The concept is based on a claimant being partly responsible for the damage. I am asked about 50:50 offers to settle personal injury cases. They are usually just compromise offers which have no real basis in law.
A good example to start with is a car driver or passenger who does not wear a seat belt. Not wearing the seat belt does not cause the accident, but it contributes to the damage (the injury in this example). Another example is where an employee has failed to wear safety equipment. An accident occurs for other reasons, but the failure to wear safety equipment contributes to the injury, not the accident. If this claim is upheld by the court, the employer can suggest that any damages awarded to the complainant should be reduced by an amount that represents the portion of the blame assumed by the employee. If a claimant is found to have contributed by 20 per cent, that same 20 per cent will be deducted from the compensation received. Continue reading “Contributory negligence examples”
Third party capture is the name given to a practice operated by some insurance companies after road traffic accidents. They know their own driver is at fault so the insurer will contact the innocent party direct, before that person has time to seek their own advice. The third party, that is the person not responsible for the accident, has been “captured.” Continue reading “Third party capture”