Afouzar v First Centrewest Buses Ltd

Afouzar v First Centrewest Buses Ltd

The Claimant was solely responsible for the accident, having run into the path of the bus against a red pedestrian signal without looking, and gave the Defendant's driver no opportunity to avoid the collision. The Defendant's driver was not negligent; he acted reasonably in the circumstances, was within the speed limit, and was already committed to the junction when the lights changed. The Claimant's claim is dismissed.

Parties
Claimant: Rachid Afouzar; Defendant: First CentreWest Buses Limited
Jurisdiction
England and Wales
Judgment Date
23 October 2014
Procedural Posture
Personal Injury / Liability Trial
Outcome
Claim dismissed
Legal Topics
Negligence, Contributory Negligence, Road Traffic Accident, Duty of Care, Standard of Care
Tort Personal Injury Negligence Contributory Negligence Road Traffic Accident Duty of Care Standard of Care

Case Brief

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Parties

Rachid Afouzar

Claimant

First CentreWest Buses Limited

Defendant

Procedural Posture

Personal Injury / Liability Trial

Legal Issues

  1. 1 Was the Defendant's bus driver negligent in causing the collision with the Claimant?
  2. 2 Did the Claimant's own actions amount to contributory negligence or sole responsibility for the accident?
  3. 3 Should liability be apportioned between the parties?

Ratio Decidendi

The Claimant was solely responsible for the accident, having run into the path of the bus against a red pedestrian signal without looking, and gave the Defendant's driver no opportunity to avoid the collision. The Defendant's driver was not negligent; he acted reasonably in the circumstances, was within the speed limit, and was already committed to the junction when the lights changed. The Claimant's claim is dismissed.

Court Disposition

Claim dismissed