Hernandez v Acar & Anor

Hernandez v Acar & Anor

Both parties were negligent: the claimant for excessive speed, the defendant for failing to obtain a proper view before emerging. The accident was caused by fault on both sides. Apportionment of liability is 60/40 in favour of the claimant, balancing culpability and causative potency.

Parties
Claimant: Enrique Leon Hernandez; Defendant: Emre Acar; Defendant: EUI Limited
Jurisdiction
England and Wales
Judgment Date
25 January 2019
Procedural Posture
Civil / Judgment on Preliminary Issue of Liability
Outcome
Liability apportioned 60/40 in favour of the claimant.
Legal Topics
Road Traffic Accident, Negligence, Apportionment of Liability
Tort Law Personal Injury Road Traffic Accident Negligence Apportionment of Liability

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Parties

Enrique Leon Hernandez

Claimant

Emre Acar

Defendant

EUI Limited

Defendant

Procedural Posture

Civil / Judgment on Preliminary Issue of Liability

Legal Issues

  1. 1 Whether the defendant was negligent in emerging from a side road without proper observation
  2. 2 Whether the claimant was negligent in riding at excessive speed
  3. 3 Causative potency and apportionment of liability

Ratio Decidendi

Both parties were negligent: the claimant for excessive speed, the defendant for failing to obtain a proper view before emerging. The accident was caused by fault on both sides. Apportionment of liability is 60/40 in favour of the claimant, balancing culpability and causative potency.

Court Disposition

Liability apportioned 60/40 in favour of the claimant.

Orders

  • Judgment for 60% of the claim with damages to be assessed.
  • Judgment for 40% of the counterclaim with damages to be assessed.