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Road traffic – Accident. In an accident in Portugal, two pedestrians were hit by a car as they crossed the road. One suffered serious injury and the other died. Personal injury proceedings were commenced against the driver's insurer. Liability was established against the driver with a finding that the pedestrians had not been contributory negligent. The insurer appealed. The Court of Appeal, Civil Division, allowed the appeal and held that, while the driver had been driving dangerously, the pedestrians had not been keeping a proper look out and had failed to take avoiding action while it had been possible. Therefore, the pedestrians had been 20% contributory negligent.
Road traffic – Accident. In an accident in Portugal, two pedestrians were hit by a car as they crossed the road. One suffered serious injury and the other died. Personal injury proceedings were commenced against the driver's insurer. Liability was established against the driver with a finding that the pedestrians had not been contributory negligent. The insurer appealed. The Court of Appeal, Civil Division, allowed the appeal and held that, while the driver had been driving dangerously, the pedestrians had not been keeping a proper look out and had failed to take avoiding action while it had been possible. Therefore, the pedestrians had been 20% contributory negligent.
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