Scottish Road Traffic Law Spring Update

In this update, we highlight some recent Court of Session decisions of note. Accidents involving pedestrians have been to the fore, as well as some further judicial guidance on awards of damages in fatal claims.

The case of Currie continues the trend of addressing the historical imbalance between judicial awards and jury awards in fatal claims. The case of Little considers the issue of a driver's failure to use full beam headlights on an unlit country road whereas the case of McEwan considers whether or not negligence can be inferred where a pedestrian is struck by a motor vehicle whilst they are walking on a pavement.

FATAL CLAIMS - BEREAVEMENT AWARDS

Currie & Others v Esure Services Limited, Court of Session, February 2014

The facts in this case were not in dispute. The deceased had been knocked down as he crossed the road and he subsequently died in hospital. Liability was admitted and there was no issue of contributory negligence. His parents and brother pursued claims for loss of society. In arriving at her decision, Lady Wise reviewed the landmark decision by the Court of Appeal in Hamilton v Ferguson Transport (Spean Bridge) Ltd as well as...