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  • Mulcahy v Clifford: Liability in Rear-End Collisions and the . . . - CaseMine
    Introduction Mulcahy v Clifford ([2021] IEHC 448) is a significant judgment delivered by Mr Justice Barr in the High Court of Ireland on June 25, 2021 The case centers around a road traffic accident that occurred on November 11, 2016, at Ballysimon Road, Limerick
  • Chan v Peters: The Principles Governing Liability in Road Traffic . . .
    In the High Court case of Chan v (1) Peters (2) Advantage Insurance Company Ltd [2021] EWHC 2004 (QB), Cavanagh J took the opportunity to carefully distil the main principles at play when considering liability and contributory negligence in a road traffic accident case The case concerned a 17-year-old Claimant who was struck by a car as he was crossing a road near his school
  • Law On Road Accident Claims Due To A Sudden Stop! - The UKs No 1 . . .
    Such cases may inevitably result in huge liability arguments There may be a disagreement as to who is at fault Therefore it is essential that you seek independent legal advice We here at The Injury Lawyers are specialists in these type of cases, so don’t hesitate to call us today – free from a landline or mobile – on 0800 634 75 75
  • Rear End Collisions - Whos At Fault? - UK Law
    Common Injuries In Rear-End Collisions If you have been rear ended in a road traffic accident, then there are numerous types of injuries you could potentially suffer Some examples of injuries that may occur due to a rear end accident include: A whiplash injury Breaks and fractures, such as a broken foot
  • “Only a fool breaks the two second rule”. Why rear ended collisions . . .
    I previously received an instruction for a small claims RTA where the Claimant said they slowed to a stationary position to make a turn at a junction when the Defendant collided into the rear of the Claimant’s vehicle The Defendant’s defence was that the Claimant stopped without warning It settled on a without prejudice basis, … Continue reading “Only a fool breaks the two second
  • Liability in Catastrophic Road Traffic Accidents Author: Stephen . . .
    the accident and the accident would have happened even if the defendant had seen the claimant and his friends The appeal was therefore allowed and the Defendant was not liable In Roda Sam (previously Al-Sam) v Atkins [2005] EWCA Civ 1452 the claim arose following a road traffic accident on 12 February 2001, on a busy four lane street
  • Road Collision Scenarios - Principia Law
    Relevant Case Law Winter v Cotton (1985) This case involved a Claimant who was stationary at a junction with a main road The Defendant was driving slowly along the main road with their near-side indicator flashing The Claimant, relying on both the signal and the Defendant's slow speed, began to manoeuvre onto the main road
  • Woodham v Turner (2012) - RTA Law LLP
    A speed of 15 mph would have given the motorcyclist more chance of avoiding a collision Motorcyclist 50% to blame Coach Driver 50% to blame Please have a look at more decisions below Remember, no two cases are the same: your case is unique, the accident circumstances are unique and each case is fact sensitive
  • When a Rear-End Collision Becomes Complicated - Jackson Boyd
    Result for future cases The courts will not automatically hold the driver of the rear vehicle at fault for a rear-end collision In deciding negligence, the Sheriff will consider the conduct of both parties The Court will have to consider whether the conduct of the leading vehicle would result in a finding of fault or contributory negligence
  • Common Scenarios for Split Liability Contributory Negligence
    The court apportioned liability 70 30 in the claimants favor on the basis that although overtaking car was primarily responsible, the claimant ant used his mirrors only one Davis v Schrogin (2006) A motorcyclist was overtaking a queue of stationary traffic on a long stretch of road with one lane in each direction





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