Defendant found guilty of negligent driving

Date: Aug 15, 2019

In motor vehicle accident cases, quite often there is a dispute of facts between the plaintiff and the defendant. As such, the procedural process can take longer due to thorough analysis of evidence and reports. This is something you may have to prepare for if you’re in a similar position. Thankfully, the motor vehicle accidents lawyers at Gerard Malouf & Partners can help.

Here were the events of a recent motor vehicle accident case where a defendant denied any negligent driving. 

Background of the motor vehicle incident

At around 8:00 a.m on March 4, 2015, the plaintiff, who was 16 years old at the time, was walking in a southerly direction on a footpath of the eastern side of Railway Parade in Canley Vale. At a point where the footpath crossed the entrance at a T-intersection, the plaintiff was hit by an eastbound vehicle that was making a left turn to enter Railway Parade from the young man’s right. The vehicle in question was driven by the defendant.

The plaintiff sustained significant injuries because of the collision and claimed they were caused by the defendant’s negligent behaviour. The defendant denied that he was negligent and instead stated the young boy was contributorily negligent.

What did the court decide?

After hearing his account of the incident, the court thought the plaintiff was a credible and careful witness who gave his evidence in a factual manner without embellishment. His version of events was also backed up by another young man who was at the scene when the plaintiff was struck by the defendant.

When it came to analysing the defendant’s version of events, the court felt that his reconstruction of the collision was neither accurate or reliable. This is because the defendant claimed he had not seen the plaintiff or the other young man, despite them being in plain view at all times. The court concluded that if the defendant had remained stationary whilst the plaintiff was walking at the intersection, he would not have sustained any of his injuries.

Therefore, the plaintiff succeeded in establishing the driver’s negligent behaviour and was awarded judgement against the defendant.

If you have been involved in a motor vehicle accident and want to know your options, it’s important to get in touch with the legal team at Gerard Malouf & Partners. We can go over your claim and help you progress further with your case. Get in touch today to find out more.

Call us now on 1800 004 878 to book a free appointment with one of my compensation experts or email your enquiry.