Father sues for £1m over crash that cost him a leg
Discussion
I saw this article in the Evening Standard last week, and my first though was that Craig's injury was due to his own negligence in leaving his car unsecured, thus allowing it to roll away, like it did.
Since insurance payouts are dependent on establishing negligence, would the other driver have any liability in this instance?
Since insurance payouts are dependent on establishing negligence, would the other driver have any liability in this instance?
sounds like he got out and left the car on an incline without securing the handbrake...pretty obvious its his own fault........ if the other vehicle really had virtually no damage as the other party is stating then it blows his reasoning out of the water and makes him look like even more of a d
head. Should all be pretty easy to prove too with the ammount of emergency services and other witnesses that were probably there during or after the incident.
head. Should all be pretty easy to prove too with the ammount of emergency services and other witnesses that were probably there during or after the incident.Depends on whether they view the incident as one or two distinct incidents; the first impact between the two vehicles and then the victim's vehicle rolling away. If I were defending the claim, I'd argue that there was a break in the chain of causation after the initial impact and once the victim got out of his vehicle without making sure it was securely parked therefore being the author of his own misfortune.
He was the driver of his car. He was in control. He failed to secure HIS vehicle before leaving it, which caused it to roll away.
Regardless of what happened immediately prior to this, these are the base facts. But for his negligence in not securing his vehicle, he wouldn't have ended up with a severed leg.
Unfortunately another example of people failing to take responsibility for their own actions
Regardless of what happened immediately prior to this, these are the base facts. But for his negligence in not securing his vehicle, he wouldn't have ended up with a severed leg.
Unfortunately another example of people failing to take responsibility for their own actions
itcaptainslow said:
Regardless of what happened immediately prior to this, these are the base facts. But for his negligence in not securing his vehicle, he wouldn't have ended up with a severed leg.
I suspect he will argue that if the other driver did not start driving off his vehicle would not have started to move.I am just guessing that they were 'connected' so when he got out it may have been secured in the sense it wasn't going anywhere and only did when the other driver to the apaprently urneasonable step of driving off - which may have disconnected the 2 cars or even nudged the other car to start moving.
Mojooo said:
itcaptainslow said:
Regardless of what happened immediately prior to this, these are the base facts. But for his negligence in not securing his vehicle, he wouldn't have ended up with a severed leg.
I suspect he will argue that if the other driver did not start driving off his vehicle would not have started to move.I am just guessing that they were 'connected' so when he got out it may have been secured in the sense it wasn't going anywhere and only did when the other driver to the apaprently urneasonable step of driving off - which may have disconnected the 2 cars or even nudged the other car to start moving.
Even when the car started to move, Craig was not at risk of losing his leg until he himself made the conscious decision to get in between the moving car and the post that it pinned him against. I cannot see how the responsibility for Craig's decision can be pinned on the other driver.
However, seeing as the potential payout is in the £millions, I'm not surprised that a claim has been made, however spurious or lack of merit it might seem.
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