Litigation Letter

Damages for pedestrian reduced for contributory negligence

Adams v Gibson [2016] EWHC 3209 (QB), 26 October 2016

The claimant in this case was struck by the defendant’s vehicle while he was crossing the road and was thrown several metres, as a result of which he suffered severe brain injuries and loss of capacity. He did not recall the collision, and there was evidence that he had been drinking that evening. The defendant argued that the collision had taken place before the pedestrian crossing, but two bystanders thought it had occurred after the crossing. It was held that, on the balance of probabilities, the impact had happened just before the pedestrian crossing, as this was consistent with the claimant’s position after the impact.

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