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 Defendant's driver was not negligent in failing to stop for the amber light or in failing to identify the Claimant as a hazard in time to avoid the collision. The Claimant was solely responsible for the accident by running into the road against a red pedestrian signal without looking for oncoming traffic. Even if the driver had seen the Claimant at the earliest reasonable opportunity, it would have been too late to avoid the collision safely without risking injury to bus passengers. The Claimant's actions amounted to reckless disregard for his own safety.

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

Case Brief

Summary, issues, holding and outcome

More case intelligence is available

Unlock the full research layer for this judgment.

Full judgment text Downloadable case file Legal principles 3 Authorities cited 6 Party arguments 2 Amounts and remedies 4
Sign in to unlock

Parties

Rachid Afouzar

Claimant

First CentreWest Buses Limited

Defendant

Procedural Posture

Personal Injury Claim (road Traffic Accident) / Trial on Liability Only

Legal Issues

  1. 1 Whether the Defendant's bus driver was negligent in the circumstances of the collision with the Claimant
  2. 2 Whether the Claimant was contributorily negligent and to what extent
  3. 3 Whether the Defendant's driver failed to observe the traffic lights and/or the Claimant as a hazard

Ratio Decidendi

The Defendant's driver was not negligent in failing to stop for the amber light or in failing to identify the Claimant as a hazard in time to avoid the collision. The Claimant was solely responsible for the accident by running into the road against a red pedestrian signal without looking for oncoming traffic. Even if the driver had seen the Claimant at the earliest reasonable opportunity, it would have been too late to avoid the collision safely without risking injury to bus passengers. The Claimant's actions amounted to reckless disregard for his own safety.

Court Disposition

Claim dismissed

Orders

  • Judgment for the Defendant on liability; claim dismissed.