Recent Pedestrian Caselaw And An Update To Our Vulnerable Road Users Database

• Published date: 23 November 2021
• Subject Matter: Litigation, Mediation & Arbitration, Transport, Rail, Road & Cycling, Personal Injury, Professional Negligence
• Law Firm: BLM
• Author: Mr Andrew Williamson

Incidents involving vulnerable road users are a common feature of serious injury claims. It is worth noting two judgments released over the last couple of weeks, in particular to note the findings in relation to contributory negligence.

In Parker v McClaren [2021] EWHC 2828, a claimant who ran out from a pavement crowded with pedestrians in front of a taxi on a Saturday night, without first looking, succeeded in establishing primary liability against the driver who was travelling at 20mph in a 30mph zone. The case reminds us that the issue with speed in assessing primary liability is not whether the driver was travelling within the speed limit, but whether their speed is reasonable for the conditions. In this case, where there was a crowded pavement of pedestrians and it was found the driver should have been travelling at only 15mph, at which speed the accident might have been avoided. Additionally, the pedestrian had succeeded in crossing the southbound carriageway before being struck in the northbound carriageway. Primary liability attached. However, the court's focus then switches to determining any fault on the part of the claimant which might attract a finding of contributory negligence. Her damages were reduced by 50% on the basis that she created the dangerous situation by stepping out into the carriageway without looking, and there were no other cars travelling in either direction so she could easily have waited for the vehicle to pass before crossing.

In cases involving child pedestrians, there is often more...