Eagles v Chambers, [2003] EWCA Civ 1107
Citation: Eagles v Chambers, [2003] EWCA Civ 1107
Rule of thumb 1: If a car driver has hit a passenger, is there any way this can be defended? The only way it can be defended is if the pedestrian has come out of nowhere.
Rule of thumb 2: Will a pedestrian hit by a vehicle ever have contributory negligence above 50%? No, it will be rare for this ever to rise above 50% making them more responsible than the driver.
Judgment:
‘It is rare indeed for a pedestrian to be found more responsible than a driver unless the pedestrian had suddenly moved into the path of an oncoming vehicle’, LJ Hale
Warning: This is not professional legal advice. This is not professional legal education advice. Please obtain professional guidance before embarking on any legal course of action. This is just an interpretation of a Judgment by persons of legal insight & varying levels of legal specialism, experience & expertise. Please read the Judgment yourself and form your own interpretation of it with professional assistance.