Road Traffic: High Court Provides Guidance On Liability Apportionment For Collision At A Junction

The High Court recently provided helpful guidance on the issue of liability where a vehicle exiting a minor road had collided with a motorcycle which was exceeding the speed limit on the major road approaching the junction.

Background

The First Defendant had pulled out from a minor road into a major road - which was a one-way street. The Defendant had edged out to the extent that his field of vision was 40 metres up the road to his right. The Claimant was riding his motorcycle on the major road, and hit the front offside wing of the First Defendant's car during the manoeuvre out onto the major road. He was thrown from his motorcycle rendering him paraplegic. Mr Hernandez made a claim against the defendant. The defendant counterclaimed in respect of psychiatric injury.

The Court held that the preliminary issue of liability needed to be addressed.

The Claimant submitted that the Defendant had pulled out onto Victoria Park Road without having a clear view or looking properly.

The Defendant alleged that the Claimant had ridden his motorcycle at approximately 50mph in a 30mph speed limit zone, and that he could not reasonably have seen the Claimant or avoided the collision. Counsel for the Defendant submitted that "he was under no duty to guard against reckless driving".

The evidence of an independent witness was found to be unreliable and the question of liability turned on expert analysis of CCTV footage.

The main issue to establish was what speed the Claimant was travelling at when the accident occurred. The Defendant's expert submitted the CCTV footage showed the Claimant driving at around 49 mph. The Claimant's expert, argued the CCTV footage was corrupted and unreliable as the pattern of images was inconsistent.

Master Davison preferred the Defendant's expert evidence, finding that the Claimant was travelling at "at least 45mph and probably nearer 50mph".

Master Davison considered the relevant provisions of the Highway Code, and cited the Court of Appeal case Heaton v Herzog [2008] EWCA Civ 1636, that a driver emerging onto a major road from a minor road has a duty "to take extreme care before doing so and when doing so".

Master Davison also cited Jones v Lawton [2013] EWHC 4109 (QB) in which Burnett J observed that every case is different and that "differences in the apportionment of responsibility can turn on quite narrow distinctions in the circumstances of an accident". In the same case he also said that "there is certainly authority...