Defences in road traffic accidents


Published by a UUÂãÁÄÖ±²¥ PI & Clinical Negligence expert
Practice notes

Defences in road traffic accidents


Published by a UUÂãÁÄÖ±²¥ PI & Clinical Negligence expert

Practice notes
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This Practice Note deals with various Defences which can arise in Road traffic accidents (RTA) including contributory negligence such as seat belts, helmets, children and alcohol as well as involuntary acts, latent defects and the defence of illegality (or ex turpi causa). It is common for contributory negligence to be pleaded as a defence in road traffic accident cases and reference should be made to the case law in this area. In particular, if the failure to wear a seat belt has affected the claimant’s injuries this will normally result in a deduction for contributory negligence of between 15% and 25%.

NOTE: Major changes to the Highway Code came into force on 29 January 2022. The concept of a 'hierarchy of road users' was introduced to give vulnerable road users a greater degree of clarity over who has Right of way at junctions. For further details, see News Analysis: A Highway Code for the future—visionary changes or increased risks? and The Highway Code—8 key changes from 29th January 2022.

Unavoidable accident

A Defendant

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Jurisdiction(s):
United Kingdom
Related legal acts:
Key definition:
Defence definition
What does Defence mean?

The statement of case in which the defendant sets out the facts on which he relies in response to the particulars of claim.

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