Scott v Gavigan (2016)

Scott v Gavigan Collision Locus

The pedestrian, Darren Scott, was injured when he took the decision to cross the road, across the path of a moped rider, Nicholas Gavin, coming the other way and who was travelling at the speed limit. The moped rider admitted not braking on his approach to the pedestrian.

The trial Judge found the fact that the moped rider should perhaps have braked earlier was the extent of his negligence. Holding the pedestrian entirely to blame, the Judge said the risk of the pedestrian crossing where he did (10 metres from a crossing as per the image above) was not one that the moped rider should have reasonably foreseen, the pedestrian’s responsibility was greater than the moped rider’s given his gross carelessness fuelled by alcohol consumption and that the action in crossing the road was of equal risk to the moped rider as it was to himself.

The case was appealed by the Pedestrian but was unsuccessful.

Pedestrian 100% to blame

The full case review can be viewed here

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