Encountering a sudden traffic jam on the highway can lead to critical decisions, such as swerving to avoid a collision, potentially resulting in a car accident injury. This blog delves into the legal nuances of such scenarios, examining the responsibilities of drivers and the possibilities of claiming compensation for car accident injuries and compensation claims.
In a recent case, Ms. Collins [Collins v Insurance Australia Ltd [2022] NSWCA 135] was driving on the Highway when she came around a bend and was confronted by a traffic jam that was blocking the highway. The traffic jam had been caused by an accident that had happened quite a long time before. To avoid crashing into the back of the car in front of her she swerved up onto the embankment, left the road, and her car rolled and she was injured. Can she make a claim against the person who had caused the accident and the traffic jam? Or was she to blame for not seeing the traffic jam up front and slowing down?
How Far Does A Driver’s Duty Of Care Extend?
The problem is for how long after an accident do you continue to owe a duty of car to other drivers on the road? Ms Collins came around the corner a long time after the original accident had happened. And to who do you owe the duty of care, is it only to the cars that are in front of you, or also to the cars behind, and even to the cars behind them, and even to cars that may not even be on the road yet and be nowhere near the scene of the accident? The Appeal Court said that you owe a duty of care to other road users “having regard to the circumstances of the case”. If a driver causes an accident, then that accident also creates a risk to other drivers on the road who were not even involved in the original accident and may not even by anywhere nearby. The law will protect drivers who are on a road and who don’t expect that there’s going to be an obstacle suddenly in their path, such as a crash where the traffic is backed-up. Therefore if a driver causes an accident, then that driver can also be responsible for any other accidents that happen where other drivers are suddenly and unexpectedly confronted by the traffic-jam.
The Circumstances
In this case, Ms Collins originally lost her case. The original Judge said that her car accident was too far back from the original accident scene and her accident was too long after the original accident for the other driver to be to blame. Ms Collins appealed to the Supreme Court. The Supreme Court disagreed with that Judge and Ms Collins won her case. Ms Collins won because she could prove that the circumstances were that she was suddenly confronted by a traffic jam in circumstance in her accident were that she could not have seen or anticipated the traffic jam. Basically, she was on a highway with a speed limit of 90km/hr. She could never have seen the accident up front and the traffic jam because there was a bend in the road. She came around the bend at 90km/hr and she was suddenly faced with a queue of traffic. The Court said that the driver in the original accident owed a duty of care to all drivers, including Ms. Collins, no matter where they were because the circumstances were that the risk was foreseeable and preventable.
The Circumstances Of Each Accident Are Very Important
Every car accident compensation claim is different. The circumstances of each accident are very important. Duty of care and fault must be proved. If you are in a car accident in Western Australia you can possibly claim compensation even if your accident was because you were trying to avoid another accident. If the insurance company tells you that the accident was your fault it is always advisable to you chat to an experienced personal injury lawyer in Perth. Give us a call.
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