Personal injuries Road traffic accident Contributory negligence
Personal injuries - Road traffic accident - Road Traffic (Traffic and Parking) Regulations 1997 - Contributory negligence - Duty to take care
Facts: The plaintiff claimed damages for suffering injuries while being hit by the defendant’s car. The key issue was pertaining to the liability of the parties in order to decide the quantum of damages.
Held: Mr. Justice Barr held that both the plaintiff and the defendant were liable for the cause of the accident in which the liability of the plaintiff was 45% for contributory negligence and the defendant was 55%. The Court found that the defendant did not over-speed on the date in question while driving and proceeded to cross the junction when the lights were green in his favour. The Court, however, held that the defendant was guilty of not watching the road carefully, keeping in mind the tendency of the pedestrian to cross the road when there was a gap in the traffic. The Court noted that the plaintiff, too, was guilty of contributory negligence for attempting to cross the road despite there being a red light on the signage board.
Zhang, Cheng v Farrell, Stephen
2/12/2016 No. 2012/8784 P  IEHC 715