Key Facts
- •Fatal road traffic accident on 31 July 2019 involving four vehicles and seven people.
- •Two claims: Miroslav Yordanov and Vladimir Atanasov.
- •Accident involved overtaking maneuver on a single carriageway road, resulting in multiple collisions.
- •Both drivers (Angelov and Atanasov) were driving at excessive speeds.
- •Yordanov was a passenger in one of the vehicles.
- •Dispute over applicable law (England vs. Bulgaria).
- •Atanasov was not wearing a seatbelt.
Legal Principles
Rome II Regulation (EC) No 864/2007 on the law applicable to non-contractual obligations.
Rome II Regulation
Civil Liability (Contribution) Act 1978: Contribution between defendants.
Civil Liability (Contribution) Act 1978
Law Reform (Contributory Negligence) Act 1945: Contributory negligence.
Law Reform (Contributory Negligence) Act 1945
Road Traffic Act 1988: Insurer liability.
Road Traffic Act 1988
Habitual residence: Definition and determination based on all circumstances of the case.
Case law: Mercredi v Chaffe, A (Case C-523/07), M v M, Re LC (Children)
Outcomes
English law applies to both the Yordanov and Atanasov claims.
Article 4(3) of Rome II – manifestly closer connection to England due to accident location, medical treatment in England, and other relevant factors outweighing habitual residence in Bulgaria.
Both Angelov and Atanasov are jointly and severally liable for Yordanov's injuries.
Both drivers acted negligently by driving at excessive speed, failing to maintain a proper lookout, and engaging in a race.
50% contribution from each defendant (Angelov and Atanasov).
Equal responsibility for the collision due to racing and failure to take reasonable care.
70% reduction in Atanasov's damages due to contributory negligence.
50% for negligent driving and 20% for not wearing a seatbelt.