Key Facts
- •Gracie Lea Atkinson (Claimant), a 7-year-old child, was injured in a road traffic accident on 20 September 2021.
- •The accident involved a DAF LGV driven by Mr Thomas Kennedy (First Defendant) and operated by Grab and Deliver Limited (Second Defendant, sued on the basis of vicarious liability).
- •The accident occurred at a junction where the Claimant attempted to cross the road.
- •The Claimant suffered multiple fractures and degloving injuries to both legs.
- •The hearing concerned liability only.
- •The Defendant's speed prior to the accident exceeded the 20 mph speed limit.
- •The Defendant's vehicle was equipped with an audible warning system that was not activated prior to impact.
- •Conflicting witness accounts existed regarding the Claimant's actions immediately before the collision (walking vs. running).
- •Expert evidence provided conflicting analyses of the accident's avoidability and timings.
- •The Defendant had prior driving offenses.
Legal Principles
Standard of care for a reasonably competent and careful professional driver.
Common Law duty of care
Contributory negligence assessment for a child.
Gough v Thorne [1966] 1 WLR 1387; Andrews v Freeborough [1967] 1 QB; LS v Kelly & Ellis [2018] EWHC 2031 (QB)
Application of Highway Code rules at junctions.
Highway Code Rule 170 (and its 2022 amendment)
Assessment of foreseeability in negligence claims.
O’Connor v Stuttard [2011] EWCA Civ 829
Outcomes
Judgment for the Defendant.
The Court found that the accident occurred through no fault of the Defendant. It was not reasonably foreseeable that the Claimant would run into the side of the lorry, and no actions a reasonably prudent driver would have taken could have prevented the accident. The speed the lorry was traveling at was deemed reasonable in the circumstances, and there was no legal obligation for the driver to stop before turning or to ensure the audible warning activated.
No finding of contributory negligence.
Despite the Claimant's actions, the Court found her not culpable due to her age and limited understanding of road safety.