A motoring collision resulted in driver A being hospitalised for three months, and his car being written off. Driver B, who was at fault, and escaped injury, was driving a delivery truck for his employer, and will face a criminal charge in addition to any civil liability.
a) Will the driving offence be considered a minor, or more serious infringement? In either case explain the legal consequences.
b) What has to be proved in the civil action?
c) Does Lord Atkin’s “neighbour” principle apply?
d) If the wife of driver A is innocently misinformed that her husband is in a critical condition in hospital, and as a result suffers nervous shock, will she recover damages?
e) Whilst in the hospital, A’s injuries were misdiagnosed, and in consequence his recovery was delayed by an additional three months’ hospitalisation. How would the law view this complication?Case study business law?
The injury would make the traffic offense a serious one. Any medical mistakes would be separate from the traffic injuries and would be considerd as malpractice by the hospital.
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