Backhouse Jones successfully defends Stagecoach in negligence claim

31 January 2025

Backhouse Jones recently represented Stagecoach in a claim concerning a road traffic accident in adverse weather conditions. The case, which was successfully defended, provides important guidance for PSV and HGV operators on liability in such circumstances.

Case Summary: Milburn v Stagecoach Group Limited

This claim concerned damages for negligence arising out of a road traffic accident that occurred in inclement weather conditions between the Claimant’s parked vehicle and the Defendant’s moving vehicle.

Background:

In this case, the Claimant brought his claim against operator Stagecoach (‘the Defendant’) to recover damages in relation to damage to his vehicle following a collision with the Defendant’s vehicle.

On the day in question the Bus had been proceeding in a residential area in icy weather conditions. As the morning had progressed, the weather conditions deteriorated.

As the bus continued along it’s route, an icy patch caused the rear wheels of the bus to skid and collide with the Claimant’s parked vehicle. The outcome of the claim rested on whether the Defendant had been negligent in failing to abandon the route upon becoming aware that the weather conditions were worsening.

Decision

The judge considered the photographic evidence provided which indicated the severity of the weather conditions on the day in question. It was accepted that the Defendant’s driver was proceeding on the route at a speed of only 5mph.

The claim was dismissed on the basis that the driver could not have done anything differently to avoid the collision; he was not negligent. The driver had exercised appropriate care in ensuring the bus was progressing at an appropriate speed as well as being aware of other vehicles present on the road; thus he had driven with appropriate care and attention. By the time it was apparent that the conditions were deteriorating, the driver could not have done anything else and it was only moments before the collision that the driver decided the road was unsafe, at which point the collision was inevitable.

This case provides guidance to PSV and HGV operators navigating severe weather conditions as to the aspects that will be considered when determining negligence and liability for road traffic accidents.

Please contact the Insurance Litigation team here to discuss further.

This article was written by Laila Khan and Lisa Whitwell.