“Road Traffic Collisions and Civil Law”

BHSS Safety Conference

13th Feb 2016

Brenda Mitchell

Highway Code – Vulnerable Road Users

Highway Code: Rules for horse-riders

Rules 49 – 55

• Safety equipment• Clothing • Riding at night• Where not to ride

Highway Code: Rules for drivers

'Be particularly careful of horse riders and horse drawn vehicles especially when overtaking. Always pass wide and slowly. Horse riders are often children, so take extra care and remember riders may ride in double file when escorting a young or inexperienced horse or rider. Look out for horse riders' and horse drivers' signals and heed a request to slow down or stop. Take great care and treat all horses as a potential hazard; they can be unpredictable, despite the efforts of their rider/driver'.

Horse related incidents

• 2015 Reported Incidents in Scotland– Dog attacks (13)– Road Traffic Incidents (18)– Cycling related incidents (3)

• BHS Accident page– http://www.bhs.org.uk/safety-and-accidents/

report-an-incident

Fault based system

Injured party must prove fault (negligence) on balance of probability

“Burden of Proof”

Carryfast v Hack

R.63 of Highway code (1978) states: “Go slowly when driving past animals. Give them plenty of room and be ready to stop if necessary. Do not frighten the animals…..by revving your engine.”

Devereux v Haywood

Stoddart v Perucca

Farrer-Sowerby v Stubbs

• Diminution in value (£2000)

• Loss of Use + Enjoyment• Veterinary Costs• Additional stabling

Damages‘But for’ rule

£6,075

Motor Insurers Bureau

4 legged friends

Animals (Scotland) Act 1987Provisions as to strict liability for injury or damage caused by animals.

(1)… a person shall be liable for any injury or damage caused by an animal if—(a) at the time of the injury or damage complained of, he was a keeper of the animal;(b) the animal belongs to a species whose members generally are by virtue of their physical attributes or habits likely (unless controlled or restrained) to injure severely or kill persons or animals, or damage property to a material extent; and(c) the injury or damage complained of is directly referable to such physical attributes or habits. (3) For the purposes of subsection (1)(b) above—(a) dogs, and dangerous wild animals within the meaning of section 7(4) of the Dangerous Wild Animals Act 1976, shall be deemed to be likely (unless controlled or restrained) to injure severely or kill persons or animals by biting or otherwise savaging, attacking or harrying;

Principles of Scots Law

RTC – Who brings most harm?

In the present state of motor traffic, I am persuaded that any civilized system of law should require, as a matter of principle, that the person who uses this dangerous instrument on the roads – dealing death and destruction all around – should be liable to make compensation to anyone who is killed or injured in consequence of the use of it. There should be liability without proof of fault. To require an injured person to prove fault results in the gravest injustice to many innocent persons who have not the wherewithal to prove it.

Lord Denning - 1982

“The Court has consistently imposed upon the drivers of cars a high burden to reflect the fact that the car is potentially a dangerous weapon.”

Destructive disparity (2003)Lady Justice Brenda Hale

‘Causative potency’

Shifting the Burden of Proof

A road share culture