Bonsor v Bio Collectors Ltd

Bonsor v Bio Collectors Ltd

The Defendant's driver was negligent in failing to pause and check for pedestrians before turning left, breaching Rule 170 of the Highway Code and the DSA Guidance. This failure caused the accident. The Claimant was not contributorily negligent as she likely looked before crossing, the lorry was not indicating, and...

Source-derived case information.

Parties
Claimant: Camilla Bonsor; Defendant: Bio Collectors Limited
Jurisdiction
England and Wales
Judgment Date
20 March 2020
Procedural Posture
Personal Injury Road Traffic Accident / Trial of Liability as a Preliminary Issue
Outcome
Judgment for the Claimant on liability; damages to be assessed.
Legal Topics
Vicarious Liability, Negligence, Contributory Negligence, Duty of Care, Highway Code, Blind Spot Liability
Tort Law Personal Injury Vicarious Liability Negligence Contributory Negligence Duty of Care Highway Code Blind Spot Liability

Source-derived case record

Summary, issues, holding and outcome

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Parties

Camilla Bonsor

Claimant

Bio Collectors Limited

Defendant

Procedural Posture

Personal Injury Road Traffic Accident / Trial of Liability as a Preliminary Issue

Legal Issues

  1. 1 Whether the Defendant's driver was negligent in failing to pause and check for pedestrians before turning left
  2. 2 Whether the Defendant was negligent for failing to fit a Fresnel lens to the lorry
  3. 3 Whether the Claimant was contributorily negligent

Ratio Decidendi

The Defendant's driver was negligent in failing to pause and check for pedestrians before turning left, breaching Rule 170 of the Highway Code and the DSA Guidance. This failure caused the accident. The Claimant was not contributorily negligent as she likely looked before crossing, the lorry was not indicating, and she could not have avoided the collision. There was insufficient evidence to establish negligence for not fitting a Fresnel lens.

Court Disposition

Judgment for the Claimant on liability; damages to be assessed.

Orders

  • Defendant to pay Claimant's reasonable costs on liability, subject to possible issue-based reduction.
  • Defendant to make interim payment of £200,000 damages by 1 April 2020.