School crossing patrols stopped in Moray from 20 August 2019. Meaning no more lollipop people to guide our children across the roads. We have to hope that the publicity this controversial Council cutback has received will mean all drivers will take extra special care when in the vicinity of any Moray school. In this article, we will consider 3 matters in relation to pedestrian road traffic accidents involving children. Firstly, we will consider the evidence about road safety measures such as school crossing patrols and why they provide useful benefits. We will then go on to look at the relative duties of drivers and child pedestrians and what scope there is for some of the blame falling on the injured child (contributory negligence). Finally, by means of an example, we will examine the issues that can arise along with contributory negligence, including possible shifting of blame onto a parent who has not taken proper care for their child's safety (in letting them out alone Continue Reading
How safe are you on Moray’s roads?
1,793 people were killed on Britain’s roads in 2017. That figure comes from statistics published by the Road Safety Foundation ('RSF') in July 2019. It means that average of 73 people were killed or seriously injured on Britain’s roads every day. In spite of ongoing improvements in vehicle safety, the annual number of fatalities has changed little since 2011. Across Europe as a whole, the ambitious long-term goal is that, by 2050, we should be getting close to zero road deaths – which would mean road travel achieving similar safety levels to rail and air travel. The good news in Scotland is that we have made measurable progress in improving road safety over the last 3 years. During that time, the risk of death and serious injury has fallen by about 7% across motorways and ‘A’ roads in Scotland. Scotland now has the lowest rate for deaths/serious injury per head of population for travel on major routes – at 13 per billion vehicle kilometres. (In England, it’s 15 and, in Continue Reading
Why staying power is important if liability for an accident is denied
This is a case study of an injury claim arising from a pavement tripping accident. We’ll go through the stages of the claim from intimation of claim to the point where insurers admitted liability. It was not a straightforward process. In our experience, that is not unusual. We hope this will give you an illustration of what can happen with a personal injury claim for tripping injuries. The facts show why perseverance with a claim may be necessary. Here’s a photo of the pavement where the injured person fell. At the time of the accident, the injured person was walking into the photo (i.e. away from the cameraman). The injured person's left foot went down on the edge of hole at a point where it was about 3cm deep. This caused them to go over on their left ankle and suffer an inversion injury to it. Scottish local authorities generally have a duty to repair pavement defects once they produce a height difference of more than 2cm (20mm). This is a height difference Continue Reading
Should you accept the insurers’ first offer?
Sylvester Stallone’s big break as a movie star came with the 1976 film, Rocky. However, his own story is as inspirational as that of the boxer he played on screen. Stallone had a troubled upbringing, spending a lot of time in foster care. In his 20s, at one point, he was so hard up that he had to sell his dog. He wrote the first draft of Rocky after watching a boxing match in which an unknown and unfancied fighter lasted a full 15 rounds against world champion, Muhammad Ali. Film studios were very interested in the script but not with Stallone in the starring role. Nevertheless, he held out. Even when one studio offered him $325,000 for the script alone - at that time, the highest amount ever offered for a script – he did not waver. In the end, he got his wish. The purchase price for the script was only $35,000 (and the movie was reduced to a low budget production) but Stallone got the lead role. Rocky was a massive hit, winning an Oscar for best picture - and Continue Reading