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Liability Risk and Insurance

U-turn should not have been attempted

The claimant had attempted to perform a U-turn from the nearside of the carriageway. A car drove past, but a second car hit the claimant causing catastrophic injuries. It was alleged that the defendant was speeding. The trial Judge dismissed the claim on the basis that the accident was not caused by the defendant’s actions but by the claimants own gross negligence. The trial Judge further held that excessive speed was unlawful but not causative, and the duty to maintain a safe distance is one which the defendant owed to the first car in front of him, and not to the claimant.

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