LAW- CASE STUDY

Steven Smith Case

Steven Smith Case

(i) Complete sections 1 to 3 of the Research Plan below.

Section 1

WHO?

Who is responsible for the collision?

Mr. David Cocksedge [driver] was responsible for the collision.

WHAT?

What must a driver involved in such accidents do?

A driver involved in such accidents should stop whether or not the accident was their fault if:-

anyone, other than themselves, is injured; or

another vehicle, or someone else's property, is damaged; or

The driver may also have to report the accident to a police officer or at a police station, in person, as soon as practicable and in any case within 24 hours.

If any personal injury is caused to another person, the driver must also produce a valid insurance certificate if asked to do so by a police officer, injured person, or anyone else directly or indirectly involved in the accident.

WHEN?

When the accident was happened?

While riding home, Steven was involved in an accident with a car. It later turned out that the driver of the car was David Cocksedge, a middle-aged man and accountant by profession. David had been taking his aged aunt, Agnes, back to a local old people's home after an afternoon's outing.

WHERE?

Where the car accident taken place?

As Steven was cycling past the junction, a car which was driving in the opposite direction along the main road, turned across him as if turning into the minor road. He applied his brakes but the car made contact with him and he was knocked to the floor.

WHY?

Why such collision occurred?

Due to driver's Negligence or Recklessness

HOW?

How accuser is compensated in such accident cases?

Negotiation among the accuser and prosecution.

Section 2:

1. Kidner, Richard (1987). "Resiling from the Anns principle: the variable nature of proximity in negligence". Legal Studies (Blackwell Publishing) 7 (3).

How Used

In the legal sense, personal injury is a type of tort or civil wrong where harm is caused to one individual because another individual failed to use reasonable care. Personal injury law overlaps quite a bit with litigation law. The law recognizes a tort as grounds (legal reasons) to sue the offender in order to recover for losses caused by an injury or other type of harm, including psychological.

Result

Personal injury or tort law generally makes one think of lawsuits. However, many of these cases never proceed to court. More frequently an out-of-court settlement is sought to resolve the issue. This is much more expedient than a lengthy, costly civil court trial.

2. Donal, Nolan (2004). "Psychiatric injury at the crossroads". Journal of Personal Injury Law (1)

How Used

A number of factors contribute to the risk of collision including; vehicle design, speed of operation, road design, road environment, driver skill and/or impairment and driver behaviour. Worldwide motor vehicle collisions lead to death and disability as well as financial costs to both society and the individuals involved.

Result

In the UK, individuals involved in motor vehicle accidents can be held financially liable for the consequences of an accident, including property damage, injuries to passengers and drivers, and fatalities. Because these costs can easily exceed the annual ...