The following PI & Clinical Negligence guidance note provides comprehensive and up to date legal information covering:
The question of whether a road user has failed to drive with reasonable care is fact sensitive.
Evidence of negligence may be gleaned from the following sources:
the Highway Code
relevant motoring convictions
Driving Standards Agency (DSA) driving manuals and other specialist publications
In addition, there are certain cases where the circumstances themselves imply negligence. In such cases, the principle of res ipsa loquitur ('the thing speaks for itself') may apply.
In principle, a breach of the Highway Code may be relied upon as tending to establish or negate any liability that is in question in proceedings.
In practice, if a party fails to comply with the provisions of the Highway Code, it is likely that the court will conclude that there has been a breach of the duty of care. This is for good reason: the Highway Code is accepted good practice and represents the accumulation of many years' experience since it was first published in 1931.
It is still necessary, however, to establish that the particu
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