Using GPS To Locate Collisions Lessons Learned Division of Traffic Accident Surveillance Section.
Road Traffic Collisions and Civil Law (14/01/16)
-
Upload
rod-mitchell -
Category
Law
-
view
247 -
download
1
Transcript of Road Traffic Collisions and Civil Law (14/01/16)
Presenta(on to IAM Glasgow North January 14th 2016
Glasgow
Road Traffic Collisions and Civil Law
RTAL(S) LLP • Provides an innova(ve and dynamic legal service to all road users injured in road crashes.
• Specialist legal representa(on • Cover ALL of Scotland from 4 offices
• Work on a “No win, no fee” basis
Civil Law
Balance of probability – injured as a result of the negligent act of another.
Injured party must prove fault
Adam Wagner
Adam Wagner
Adam Wagner v Thomas Grant and another
• 60% Driver • 40% Motorcyclist
Adam Russell v NFU
NFU v Adam Russell
NFU v Adam Russell
Lady Stacey
Driver 100% to blame
• Jackson v Murray (2015)
Contributory Negligence
Burden of proof – permiZed inference
• Sobolewska v Threlfall (2014)
Principles of Highway Code (1)
• do not treat speed limits as a target. It is o\en not appropriate or safe to drive at the maximum speed limit.
• take the road and traffic condi(ons into account. Be prepared for unexpected or difficult situa(ons, for example, the road being blocked beyond a blind bend. Be prepared to adjust your speed as a precau(on.
• where there are junc(ons, be prepared for road users emerging
Principles of Highway Code (2) • in side roads and country lanes, look out for unmarked junc(ons where nobody has priority..
• be prepared to stop at traffic control systems, road works, pedestrian crossings or traffic lights as necessary.
• try to an(cipate what pedestrians and cyclists might do. If pedestrians, par(cularly children, are looking the other way, they may step out into the road without seeing you.
Expect the unexpected
• McCracken v Smith
Children and road crossing
Eagle v Chalmers
Eagle v Chambers • Lady Jus(ce Brenda Hale
Destruc(ve disparity “The Court has consistently imposed upon the drivers of cars a high burden to reflect the fact that the car is poten(ally a dangerous weapon.”
Cyclists | Taxi Drivers
WhiZle v BenneZ
Beware of the “Coincidence of loca(on fallacy”
NOW ITS YOUR TURN!
Legal Expense Protec(on
To register for FREE, go to www.motorcycle-‐lep-‐reg.co.uk or pick up a card tonight and ac(vate it.
Q and A
[email protected] www.motorcyclelawscotland.co.uk www.cyclelawscotland.co.uk www.pedestrianlaw.co.uk