A car driver succeeded in his claim for accident compensation for substantial injuries despite being parked illegally at the time of the accident, as the Court found that the lorry driver who had caused the accident was fully liable.
In Howe v Houlton and others, the Court had to consider whether the car driver had contributed to the accident by his actions at the time of the accident. Mr Howe had parked his car on zigzag markings leading up to a pedestrian crossing. Mr Howe explained in his witness statement that he had parked on the zigzag markings because he intended to quickly go to the tile shop to buy tiles. On a previous occasion when he had bought tiles, the box had burst causing tiles to drop out and smash and he wanted to avoid that happening again. After putting his hazard lights on, Mr Howe got out of his car and then bent back into the car to collect his mobile phone and other belongings left on the passenger seat. As a lorry passed the car, it clipped the car door and dragged Mr Howe under the lorry’s axle causing serious injuries.
It was argued that in parking near the pedestrian crossing, in breach of the Highway Code, and, in opening his car door so as to injure or endanger any person in breach of Regulation 105 of the Road Vehicles (Construction and Use) Regulations 1986, Mr Howe was guilty of contributory negligence. It was also alleged that Mr Howe had failed to look behind him before getting out of his car, failed to notice the lorry and had parked at a distance from the kerb.
The Court found that a car parked on the zigzag lines of a crossing is just as visible to approaching traffic as the same car parked beyond the zigzag lines, i.e. that the car was illegally parked did not cause the accident. The Court also considered whether Mr Howe should have seen the lorry and waited for the lorry to pass before opening his car door. Mr Howe could not remember specifically whether he had looked before opening the car door, but thought he would have checked out of habit. The Court found that had Mr Howe looked before opening his car door, the lorry would have been one vehicle in a line of traffic and approximately 36 metres away so would not have presented any immediate danger to Mr Howe who would assume that he and his car were visible to oncoming traffic. It was also reasonable for Mr Howe to assume the lorry would continue in the line of traffic and that there was space for him to open the car door. The Court also found that it was unrealistic to expect Mr Howe to get his mobile phone from the passenger side of the car as he had no reason to believe he was in danger. The Court concluded that the lorry driver was wholly liable for the accident, and the resultant injuries and losses sustained by Mr Howe.
If you have been injured in a car accident, whether as a driver, passenger or pedestrian, that was not your fault, please call Elizabeth Lawrenson on 0116 212 1000 now for a free initial consultation or complete one of the on-line forms.
