Terrible Consequences Of Accidents

The standard of care expected of a car driver is the standard of the reasonable driver not the ideal driver, however, when there has been a road traffic accident and a person makes a compensation claim it is sometimes disputed whether a car driver has failed in their duty of care and been negligent.

The approach taken by the courts when deciding road traffic accident compensation claims is to consider all of the circumstances of the accident.A�An example of this is the Court of Appeala��s decision in the compensation claim made on behalf of Miss Karen Eagle who suffered serious injuries when she was knocked down by a car driven by Mr Chambers on the sea front of Great Yarmouth.A�Miss Eagle was in a very emotional state and had been drinking and was walking along the dual carriageway not far from the Winter Gardens.A�People tried to speak with Miss Eagles and persuade her to walk on the pavement, however she continued to walk in the road.

The Court of Appeal when considering the circumstances of the accident noted that the dual carriageway was a well-lighted, wide and straight road and it being 11.30 pm was not busy with traffic.A�Therefore, car drivers had good visibility as they travelled along the dual carriageway.A�Mr Chambers accepted that he had been drinking and that his driving abilities had probably been impaired by alcohol.A�Mr Chambers failed a police roadside breath test, but at the police station was below the alcohol limit.A�The Court of Appeal decided that Mr Chambers had failed to keep a proper lookout and that if he had done he could have taken avoiding action to brake or swerve to avoid an accident.A� Mr Chambers was held liable for the accident, however the compensation awarded to Miss Eagle was reduced by 40% because she had been negligently walking in a dangerous position in the road.

The Court of Appeala��s decision in Eagle v Chambers