Contributory negligence

Smith v Chief Constable of Nottinghamshire Police [2012] EWCA Civ 161; 23 February 2012

The claimant, who was aged 16 at the relevant time, crossed a well-lit one-way carriageway that was four lanes across, at night, when she was hit by a police car responding to an emergency call and had its blue lights and siren activated. Having found that the claimant had been clearly negligent, the Recorder assessed her responsibility for the accident at 75%. The claimant appealed against the apportionment of responsibility. The defendant cross-appealed against the finding that the driver had been negligent at all.