Defence of driver to claim by a child pedestrian who walked out in front of the defendant’s vehicle
Produced in partnership with Thea Wilson of 12 King's Bench Walk

The following PI & Clinical Negligence precedent produced in partnership with Thea Wilson of 12 King's Bench Walk provides comprehensive and up to date legal information covering:

  • Defence of driver to claim by a child pedestrian who walked out in front of the defendant’s vehicle

Defence of driver to claim by a child pedestrian who walked out in front of the defendant’s vehicle

Defence for a child claimant who walked out in front of the defendant’s vehicle

In the County Court at [insert]

Claim No: [insert claim number]

Between

  1. A B        Claimant

  1. and

  1. X Y        Defendants

Defence

    1. 1

      Paragraph 1 of the Particulars of Claim is admitted.

    1. 2

      It is admitted that the accident described at paragraph 2 occurred at the time and place stated.

    1. 3

      Negligence and causation as alleged in paragraph 3 of the Particulars of Claim, or at all, are each denied. The Defendant will say that he proceeded along [insert street name] at a speed of [insert speed], which was appropriate for the road conditions prevailing at the time. As the Defendant travelled along the street, he noted a group of children standing on the left hand side of the street talking. Although the children gave no indication of an intention to cross, the Defendant reduced his speed to [insert speed]. When the Defendant was approximately one car length from the children, the Claimant suddenly and without warning left the group of children and walked out between two parked cars in front of the Defendant’s vehicle. The Defendant slammed on his brakes and attempted to steer right to avoid the Claimant, however he was unable to avoid the collision.

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