Gadsby v Hayes: Negligence Ruling and Liability Insights
10 March 2025
Claire McKie, one of our senior associates in the insurance litigation team, highlights additional circumstances that will be brought into consideration when determining negligence and liability for road traffic accidents.
Claire’s team handle numerous liability matters for PSV and HGV clients each year and the case of Gadsby v Hayes [2024] EXHC 2142 (kb) provides useful guidance for the transport sector.
Background
On the 31st October 2014 the Claimant had been using a pedestrian crossing in Leicester on her way home from school, when she was struck by a Vauxhall Astra driven by the Defendant. This matter concerned liability only.
The trial mainly concerned whether the Defendant had driven through a red light striking the Claimant in doing so. It was the Defendant’s case that the lights had been on green for her to proceed and the Claimant had stepped out into the road without giving the Defendant time to react.
Decision
Ms Clare Ambrose sitting as a Deputy High Court Judge dismissed the claim in full. Judge Ambrose had considered the evidence of various witnesses and had concluded she preferred the evidence supporting the Defendant’s version of events in that the traffic light had been green for the Defendant to proceed.
This case then went on to consider whether the Defendant’s driving was negligent. The judge found that the Defendant had been proceeding at a speed of around 20mph and had reduced their speed to approximately 15-20mph on approach to the crossing.
The Claimant had put forward authorities (Gavin Kelly v Elizabeth Nugent [2011] Eagles v Chambers [2003] and Melleney v Wainwright) to suggest that a pedestrian crossing required heightened caution, and that crawling speed is required where a child might run into the road, however the judge did not agree with these findings.
The judge considered the circumstances surrounding the collision and stated that although there were various factors that might indicate that the Defendant required heightened caution, such as the crossing being in close proximity to the Claimant’s school and the fact that the accident took place at a time where children would be coming out of school, the judge was not satisfied that this setting require a reasonable driver to proceed through the crossing at 10mph or less, especially if the traffic lights were green . The judge concluded that this was a busy junction but not a dangerous one. The pedestrian crossings in place meant that both pedestrians and drivers knew where and when they should pass.
The Defendant was found not negligent and was absolved of all liability.
This case provides guidance to PSV and HGV operators of the additional circumstances that will be considered when determining negligence and liability for road traffic accidents.
For all related enquiries, please contact our insurance litigation team by emailing enquiries@backhouses.co.uk
This article was written by Laila Khan and Claire McKie.
