Determining responsibility for road traffic accidents can sometimes be complex. In ruling on two personal injury claims arising from an accident involving four cars, the High Court had to consider where liability for the accident lay.
As a Volkswagen was moving back into the correct lane after overtaking an Alfa Romeo, it collided with a Nissan travelling in the opposite direction. Both the Volkswagen and the Alfa Romeo lost control and left the road: the Volkswagen struck an embankment, rolled over and came to rest on the road, and the Alfa Romeo hit a parked car in a nearby driveway. The driver of the Volkswagen died, and the driver of the Alfa Romeo and two passengers in the Volkswagen suffered serious injuries. One of the passengers in the Volkswagen brought a personal injury claim, as did the driver of the Alfa Romeo.
The Court had to establish which country's law should apply to the Volkswagen passenger's claim. The Court concluded that he and the driver of the Alfa Romeo were both habitually resident in Bulgaria. As such, Bulgarian law would apply under Article 4(2) of Regulation (EC) No 864/2007. However, the Court found that the case was manifestly more connected with England than with Bulgaria, and therefore Article 4(3) of the Regulation served to make English law applicable.
Having heard evidence from eyewitnesses and road accident experts, the Court found that, at the time of the collision, the Volkswagen and the Alfa Romeo were both travelling at about 80 mph, well above the 40 mph speed limit. The driver of the Alfa Romeo had accelerated and maintained a high speed in order to stop the Volkswagen from overtaking. The Court found that he had been racing with the Volkswagen in an 'extremely dangerous act of brinksmanship'. Had he allowed the Volkswagen to overtake, it would have returned to the correct lane in time to avoid colliding with the Nissan. The driver of the Volkswagen had attempted to overtake when it was unsafe to do so and had also been deliberately racing.
The Court found the drivers of the Volkswagen and the Alfa Romeo jointly and severally liable for the injuries suffered by the passenger in the Volkswagen. The driver of the Alfa Romeo was also successful in his claim against the driver of the Volkswagen, subject to a 70 per cent deduction for his contributory negligence in driving negligently and failing to wear a seatbelt.