i-law

Liability Risk and Insurance

No reduction for contributory negligence

A pedestrian was hit by a van whilst crossing the road. Liability was admitted subject to arguments for a reduction for contributory negligence. The junction was controlled by traffic lights with a right turn filter in the direction from which the van approached. The Court was required to consider the issue raised by the claimant of whether the filter light was in the driver’s favour at the time he turned. If it was not, then there could be little or no contributory negligence.

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