A six-year long motor vehicle accident compensation claim case has come to a close, with the plaintiff ultimately being ordered to pay the defendant's costs of appeal. It's an unfortunate outcome for the plaintiff, but there are some special circumstances surrounding this case that warrant a second look.
Details of Logar v Ambulance Service of New South Wales Sydney Region
Unlike most motor vehicle accident cases, this peculiar incident involved an ambulance. As all drivers know, ambulances with their lights and sirens on always have the right of way on the road. In the 2011 accident deliberated in Logar v Ambulance Service of New South Wales Sydney Region, an employee of the defendant (ambulance driver Ms Richies) was rushing to the scene of an emergency when the her vehicle collided with that of the plaintiff (Mrs Logar) in an intersection.
Ms Richies was driving through a red light when the crash occurred, and in normal circumstances Mrs Logar would have had the right of way and could have made a solid case for negligence on Ms Richies' behalf. However, because Ms Richies was driving an ambulance, the question of negligence becomes significantly more murky.
Conclusion of the case
In the original case back in 2016, the judge ruled in favour of the defendant. Mrs Logar then appealed this decision – the case went back to court in October 2017, where the judge decided that neither party acted with reasonable care. However, the court ultimately determined that the plaintiff was contributorily negligent for not paying attention to the sirens and lights coming from the ambulance, as well as to the other cars that had stopped to make way for it (despite the light being green).
This is indeed a bizarre motor vehicle accident case, as collisions with emergency vehicles are few and far between. However, complicated incidents like this do occur in NSW – that's why, especially in these kinds of situations, it pays to have the best on your team.
At Gerard Malouf & Partners, our experienced and qualified lawyers are eager to help individuals who have been injured in a car accident get the compensation they deserve. For a free no obligation consultation, please contact our toll free number on 1800 004 878 or reach out to us through our website today.