Description
Driver not Negligent in Failing to Reach Hard Shoulder Tugendhat J. determined as a preliminary issue that a Claimant who had broken down on a motorway and been unable to reach the hard shoulder was not contributorily negligent. The Claimant had been driving in the middle lane and the collision occurred in the inside lane; it was clear from this that he had been trying to get to the hard shoulder. It would have been difficult for him to change lanes due to the heavy traffic, it was impossible to say exactly at what point his engine cut out. It is likely that there would have been a fatal accident if he had evacuated the car.
