The following Personal Injury guidance note provides comprehensive and up to date legal information covering:
Most road traffic cases turn on their particular facts.
There are few hard and fast rules, and disapproval of the excessive citation of authority has been expressed in several cases (see, for example, Foskett v Mistry  RTR 1 (not reported by LexisNexis®)).
Despite such judicial reservations, a body of case law has evolved over the past century that provides helpful guidance in a number of familiar situations. Provided that decisions on the facts of particular cases are not mistaken for principles of law, previous decisions often give a helpful indication of how the issue of liability is likely to be resolved.
A driver must not assume that another driver will be sensible and careful (see Truscott v McLaren  RTR 34 (not reported by LexisNexis®)).
Rule 147 of the Highway Code advises drivers to be careful of and considerate towards all types of road users. Drivers should be patient, remembering that anyone can make a mistake.
In a dangerous situation, a driver is not negligent if, on the spur of the moment, they exercise such care as may reasonably be expected, even if that was not quite the correct action in the circumstances (see Tocci v Hankard (No 2) (1966) 110 Sol.Jo 835 (not reported by LexisNexis®)).
High speed alone is not necessarily evidence of negligence unless the particular
**excludes LexisPSL Practice Compliance, Practice Management and Risk and Compliance. To discuss trialling these LexisPSL services please email customer service via our online form. Free trials are only available to individuals based in the UK. We may terminate this trial at any time or decide not to give a trial, for any reason. Trial includes one question to LexisAsk during the length of the trial.
To view the latest version of this document and thousands of others like it, sign-in to LexisPSL or register for a free trial.
Existing user? Sign-in
Take a free trial
Take a free trial
0330 161 1234