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Road Accident Schoolgirl in Supreme Court Triumph

Apportioning blame for road accidents which happen in a split second is always difficult. However, the highest court in the land has guaranteed a substantial damages payout for a teenager who was badly injured when she stepped out from behind a school bus into the path of a car.

The girl was aged 13 when the accident happened. Her lawyers argued that the motorist's excessive speed was to blame. However, a judge ruled that the primary cause of the collision was the girl's 'reckless folly' in walking out in front of the car without looking. The driver was found to have had little chance to stop in time and the girl was ruled 90 per cent responsible for her own misfortune.

Following an appeal, the driver's share of blame for the accident was increased to 30 per cent. However, the girl's legal team did not give up the fight and appealed again to the Supreme Court. In ruling the motorist 50 per cent responsible for the girl's injuries, the Court acknowledged that there was no 'demonstrably correct' way of apportioning liability in such cases.

However, the girl's youth was relevant to her ability to take reasonable care for her own safety and the driver's failure to reduce his speed was a potent cause of the collision. In the circumstances, it was just that each should be held equally at fault.

The Court's decision means that the girl's compensation will be assessed on the basis of 50 per cent liability, a great improvement on the previous position.

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