Afouzar v First Centrewest Buses Ltd [2014] EWHC 3426 (QB) (23 October 2014)

Afouzar v First Centrewest Buses Ltd [2014] EWHC 3426 (QB) (23 October 2014)

The court found that the defendant's bus driver was not negligent. The driver was already within the dilemma zone when the lights changed to amber and made a reasonable decision to proceed through the junction rather than stop abruptly, which could have endangered passengers. The driver could not have safely stopped for the claimant once it became apparent he was running into the road. The claimant was wholly at fault for running into the road against a red pedestrian signal, failing to look for traffic, and showing reckless disregard for his own safety. There was no breach of duty by the defendant's driver and no causative negligence on his part.

Citation
[2014] EWHC 3426
Parties
Claimant: Rachid Afouzar; Defendant: First CentreWest Buses Limited
Jurisdiction
England and Wales
Judgment Date
23 October 2014
Procedural Posture
Personal Injury Road Traffic Accident / Liability Trial (quantum and Causation Reserved)
Outcome
Claim dismissed
Legal Topics
Negligence, Contributory Negligence, Road Traffic Accidents, Standard of Care, Duty of Care
Tort Law Personal Injury Negligence Contributory Negligence Road Traffic Accidents Standard of Care Duty of Care

Case Brief

Summary, issues, holding and outcome

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Parties

Rachid Afouzar

Claimant

First CentreWest Buses Limited

Defendant

Procedural Posture

Personal Injury Road Traffic Accident / Liability Trial (quantum and Causation Reserved)

Legal Issues

  1. 1 Whether the defendant's bus driver was negligent in causing the collision with the claimant pedestrian
  2. 2 Whether the claimant was contributorily negligent and to what extent
  3. 3 Whether the defendant's driver failed to observe traffic signals and the presence of the claimant

Ratio Decidendi

The court found that the defendant's bus driver was not negligent. The driver was already within the dilemma zone when the lights changed to amber and made a reasonable decision to proceed through the junction rather than stop abruptly, which could have endangered passengers. The driver could not have safely stopped for the claimant once it became apparent he was running into the road. The claimant was wholly at fault for running into the road against a red pedestrian signal, failing to look for traffic, and showing reckless disregard for his own safety. There was no breach of duty by the defendant's driver and no causative negligence on his part.

Court Disposition

Claim dismissed

Orders

  • Claim for damages dismissed; no liability found against the defendant.