Contributory negligence

Hughes v Guise Motors Ltd QBD (Manchester) Telegraph 1 November

The claimant had been driving on the motorway when his engine cut out; his car slowed down dramatically and came to a halt on the nearside lane just by the slip road. The traffic flow was relatively heavy. The claimant’s car was struck by the defendant’s vehicle causing the claimant to suffer serious injuries. The defendant alleged contributory negligence because the claimant had failed to (1) steer or coast his car onto the hard shoulder; (2) leave the car and position himself at a place of safety.